Difficult litigation over easements will persist in the wake of a ruling by the Supreme Judicial Court, writes Matthew S. Furman in an article published in the September 2017 issue of REBA News.
The court in Taylor v. Martha's Vineyard Land Bank Commission reaffirmed the nearly 180-year prohibition in Massachusetts on the use of appurtenant easements to benefit after-acquired property absent a servient owner's consent.
Despite this "bright-line" ruling by the SJC, Mr. Furman notes that fact-intensive issues remain unresolved.
"While the case affirms what we already know about flagrant violations," Mr. Furman writes, "it still leaves unanswered questions for closer calls that will inevitably lead to litigation over the use of easements to benefit after-acquired property."
Mr. Furman concentrates his practice on complex commercial litigation, including real estate matters. His experience with real estate litigation includes handling disputes over easements and commercial leases, as well as defending and challenging variances and permits.