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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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have written authorization) to operate snow and recreation vehicles on the property, and it prohibits others who do not have that clear legal authority to be on the property from doing so. Thus, the language of § 26 (e) is directed toward persons who use recreation vehicles to trespass on the property of another. Of course, prior to the enactment of that statute, trespassing on the property of another -- with or without a recreation vehicle -- was already prohibited. See G. L. c. 266, § 120. It appears that the point of § 26 (e) is to address the particular problems posed by trespassing recreation vehicles, and to provide a mechanism for recreation vehicle operators to demonstrate that they have permission to do so on the property.