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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)

Citation
PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)
Parent Document
PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)
Jurisdiction
Massachusetts (state)
Effective Date
2021-10-15

Other Sections in This Document (45)

Full Text

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In a civil action brought by the plaintiff landowner claiming that the defendant neighbors were overburdening an easement on the plaintiff's property by driving all-terrain vehicles over the easement to access a beach, a Superior Court judge properly ruled in favor the defendants, where the express easement conveyed to the defendants in their deed did not limit the scope to pedestrian traffic [427-428]; and where nothing in the language of G. L. c. 90B, § 26 (e), or the regulations implementing the statute prohibited the defendants, who had clear legal authority, from operating all-terrain vehicles over the easement [428-431].