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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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We turn to whether G. L. c. 90B, § 26 (e), prohibits the holder of an express easement -- the scope of which includes ATV traffic -- from driving ATVs on the easement. We conclude that it does not. Express easement holders are not trespassers. While the statutory language does not include an explicit exception for express easement holders, it does include exceptions for owners, lessees, and those who are on designated paths or who have written authorization. The O'Briens' deed containing the easement constitutes a "document, signed by the owner or lessee of such property or his agent, authorizing the operation of . . . such Page 431