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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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was created in 1963, people commonly drove to the beach, and the easement is wide enough to accommodate vehicular traffic. Where nothing in the easement language or the objective circumstances supports an express limitation, the easement "may be used for such purposes as are reasonably necessary to the full enjoyment of the premises to which the right of way is appurtenant" (citation omitted). Cannata v. Berkshire Natural Resources Council, Inc., 73 Mass. App. Ct. 789, 795 (2009). See Kubic v. Audette, 98 Mass. App. Ct. 289, 303 (2020), quoting Cannata, supra (within judge's authority to rule "that using motor vehicles to ferry people or goods to the water was 'reasonably necessary to the full enjoyment' of the access rights" provided by easement). Especially where the easement is 450 feet long, a distance that is difficult or impossible for some to walk, using ATVs to transport people and equipment to the beach is a reasonably necessary use. [Note 6] See Kubic, supra.