Real Estate & Lease Litigation: May 2018 Archives

Appeals Court Confirms Neighbors' Easement Grants Right To Use of Beach in Hingham Harbor

In a recent case, the Massachusetts Appeals Court affirmed a Land Court decision holding that plaintiffs hold easement rights to access and use a beach in Hingham Harbor close to the parties' homes. Kane v. Martel, 92 Mass. App. Ct. 1130, at *1 (2018). Litigation between the neighbors over beach rights had been ongoing for more than a decade when the Appeals Court rendered its decision on March 5, 2018, a fact representative of the often bitter and protracted nature of disputes over beach access between neighbors living on the water in Cape Cod and other Massachusetts vacation destinations.

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