A conservation restriction (CR) is an established and popular method of preserving land. Throughout Massachusetts, municipalities, private land owners, and non-profit organizations use CRs to protect natural resources from development. A recent superior court case, Wellesley Conservation Council, Inc. v. Pereira, addressed CR violations and corresponding demands for relief. According to the Court, the holder […]Continue reading
On April 28, 2017, President Donald Trump signed an executive order called Implementing an America-First Offshore Energy Strategy (Order). The Order established a policy of “energy security and economic vitality” through offshore energy exploration and production. It also directed the Secretary of Department of the Interior to review existing offshore oil and gas leasing plans. […]Continue reading
Partnerships among federal and state agencies, private parties, and non-governmental organizations play an important role in conserving fish and wildlife habitat. The importance of this collaboration for habitat protection and management is detailed in the State Wildlife Action Plan, which MassWildlife updated in order to receive funding under the U.S. Fish and Wildlife Service’s State […]Continue reading
On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC (2016 WL 1460477 (2016). The underlying case (the subject of a prior blog article) involved electronic communication and the Statute of Frauds (G.L. c. 259 Section 1). In its updated ruling, the Court analyzed whether […]Continue reading
The rapid expansion in mobile communication has stretched the limits of many longstanding legal frameworks, including the Statute of Frauds (“SOF”) (G.L. c. 259 § 1). This is certainly the case with respect to real estate transactions. In fact, 97% of respondents to a recent Pew Research Center survey indicated they use a smartphone for […]Continue reading
The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession. While it did not validate record title, the Court recognized the Plaintiffs’ adverse possession claims. In doing so, […]Continue reading
Private landowners allowing public access to land should take note of recent court decisions which have refined the scope of the Recreational Use Statute, G.L. c. 21, § 17C (“Statute”). The Massachusetts Legislature enacted the Statute in 1972 in response to liability concerns of property owners and to encourage public access to private property. Over […]Continue reading
