Tidelands, Waterways & Great Ponds

Tidelands, Waterways & Great Ponds (4)

Use and Abuse of Rights of Way and Easements to Massachusetts Great Ponds

Written by Michael J. O'Neill, Esq. / Published Friday, 31 March 2023 12:22

For anyone contemplating using a right-of-way to reach a Great Pond in Massachusetts, two must-read Appeals Court decisions are Kubic v. Audette, 98 Mass. 289 (2020) (Kubic I) and Kubic v. Audette, 102 Mass. App. Ct. 228 (2023) (Kubic II). They explain the principle of ownership of accreted land bordering a Great Pond, the rights and limits of access to a Great Pond, the tests for overburdening of an easement, and the proper interpretation of easements.

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Commercial Wharf East Condominiums and Boston Boat Basin (right).

Tidelands, Waterways & Great Ponds

Boston Waterfront Condo Case Reminds Us Who Can Enforce Public Trust Principles

Written by Nathaniel Stevens, Esq. / Published Wednesday, 29 December 2021 14:40

Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas.

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Boston Boat Basin's Inn & Marina "The Boston Yacht Haven"

Tidelands, Waterways & Great Ponds

Court Decision Reminds Us Who Can Enforce The Public Trust Doctrine and Reserved Public Rights in Tidelands

Written by Luke H. Legere, Esq. / Published Monday, 04 February 2019 15:00

Only the Commonwealth may enforce public trust rights in Commonwealth tidelands. Property owners lack legal authority to use private litigation for enforcement of public trust rights. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).

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Tidelands, Waterways & Great Ponds

Appeals Court Limits Private Enforcement of Waterfront and Tidelands Public Trust Rules

Written by Luke H. Legere, Esq. / Published Tuesday, 07 August 2018 11:14

Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).

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