Gordon M. Orloff Published in Law360
The article, “Spring Is A Good Time To Revisit Easement Conflict In Mass.,” by Gordon M. Orloff was published in Law360.
Neily v. Gray, in the Massachusetts Land Court, is one of a number of recent decisions addressing beach access and other easement rights in residential subdivisions. Neily addressed the rights of various owners in Lydia’s Island Road, a private way in Wareham leading to Onset Bay. The Land Court concluded that different owners had different easement rights in that way, depending on their chain of title. This decision serves as a reminder of both the importance of easements and of the complex issues surrounding them that real estate companies and developers might consider as summer approaches. This article explores the different kinds of easements that exist.