Just as we posted some zoning news briefs from Plymouth County a few weeks ago, this week we look back at what happened across Barnstable County as we cruised into fall.
It is certainly not unusual to hear about tree cutting cases where a landowner wants to trim the branches of a neighbor's tree that overhang the common boundary line-which is lawful, to a point-or even those cases where a person trespasses onto the land of another to trim or cut down trees entirely situated on that lot-which is unlawful. Whatever the underlying motivation for such trimming and cutting, Massachusetts law is fairly clear about whether liability and damages will ensue under those circumstances.
Before embarking on any excavation project--including tunneling and blasting--developers and landowners should understand the often-overlooked duty they owe to neighboring properties in order to avoid nuisance or negligence liability.
A few months ago we briefly covered prescriptive easements in a general land use post about different types of appurtenant easements.
Earlier this month, the SJC remanded an interesting easement case back to the Land Court and ordered the Land Court judge (Piper, J.) to take a second look at the width of the easement that he had laid out to the extent that it conflicted with local subdivision road regulations.
With summer weather upon us, beach and shoreline access is a timely topic.
Most people are familiar with the concept of easements. As defined by Black's Law Dictionary (7th ed.), an easement is
Phased development often makes better business sense for certain kinds of residential and commercial properties. There are several planning and practical considerations that developers should make when it comes to phased projects.