Gordon Orloff Published in Banker & Tradesman
The article “Private Parties Cannot Enforce Public Rights to Access Tidelands” by Gordon Orloff was published in Banker & Tradesman.
Massachusetts is unusual in that an owner of waterfront property typically holds title to the low water mark. However, the area between the low and the high-water marks normally remains subject to the rights of the public to fish, fowl (hunt birds) and navigate. This article discusses the recent Appeals Court decision in Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC which addressed who has the right to enforce public trust rights.