Appeals Court: JAMES MASLOW & others vs. CAROLYN O’CONNOR

Keywords:   Real Property, Littoral property, License, Harbors. Way, Private. Trust, Public trust. Real Property, Harbors

The decision issued by the Appeals Court today focuses on “. . . whether the filling of an area of tidelands pursuant to a G. L. c. 91 license extinguished rights held by upland owners to cross that area to access the remaining tidelands and the sea.  A Superior Court judge determined that the filling of certain tidelands extinguished the plaintiffs’ rights to access remaining tidelands through the end of a private way to which they were abutters.  We reverse, because the c. 91 license by its terms preserved those rights.”

The case was remanded to the Superior Court.  The Appeals Court concluded that the c. 91 license expressly prevents the impairment of the plaintiffs’ rights, and that the plaintiffs are entitled to a declaration that they have the right to traverse Rackliffe Street to its southerly end, and ” . . . to pass from there to the mean high tide mark of Wonson’s Cove and beyond, including use of the ramp. The plaintiffs are also entitled to a suitable injunction, which should preclude the defendants from placing any structures or obstructions in Rackliffe Street or in the area bounded by the lines of Rackliffe Street extended southerly to the water, including the grassy strip.”

Click here for the text of the full opinion.

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