Many sections of the greater Boston area are characterized by densely populated neighborhoods. Many of these neighborhoods were established before the adoption of zoning codes that set minimum side and rear yard setbacks. And even today, in urban settings, there are some zoning codes that allow zero-foot set back criterion in some zoning districts. The result is that there are many structures in the Commonwealth built on, or within, just a few feet of a lot line. And in urban areas, there are row houses with shared party walls and adjoining roof lines. The proximity of these structures to abutting lot lines makes it extremely difficult or sometimes simply impossible for a property owner to make a repair to their property without entering their neighbors' land.
On June 23, 2015, the Supreme Judicial Court handed down its most significant decision in the area of premises liability since 2010. See Sarkisian v. Concept Restaurants, Inc., SJC-11786, 2015 WL 3833877 (Mass. June 23, 2015). In Sarkisian, the court was asked to "decide whether the 'mode of operation' approach to premises liability, adopted . . . in Sheehan v. Roche Bros. Supermkts., Inc., 448 Mass. 780, 788, 863 N.E.2d 1276 (2007), applies to slip-and-fall incidents occurring outside of the context of self-service establishments." Id., at *1.