Author Archives: Brian Beaton

About Brian Beaton

Brian is a partner in the Firm’s Land Use and Environmental Law Group. He focuses his practice on real estate development and land use law. He assists clients in a variety of commercial real estate matters, including acquisition, financing, construction, leasing and zoning. Brian represents clients in regulatory compliance and the planning and permitting of commercial, educational and non-profit developments. He frequently appears before municipal and state authorities. Brian also advises clients on options for structuring land conservation transactions including the Chapter 61 Program, conservation restrictions and charitable donations.

A Modern Take on the Antiquities Act of 1906

During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea.  According to the National Park Service, he established 34 national monuments … Continue reading

Posted in Environmental, Historic Preservation, Open Space | Tagged ,

Update on St. John’s Holdings, LLC.  v. Two Electronics, LLC

On October 24th, 2016, the Massachusetts Land Court revised its ruling in St. John’s Holdings, LLC. v. Two Electronics, LLC  (2016 WL 1460477 (2016).  The underlying case (the subject of a prior blog article) involved electronic communication and the Statute … Continue reading

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The Perils of Mobile Communication and Real Estate Negotiation

The rapid expansion in mobile communication has stretched the limits of many longstanding legal frameworks, including the Statute of Frauds (“SOF”) (G.L. c. 259 § 1).  This is certainly the case with respect to real estate transactions.  In fact, 97% … Continue reading

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Appeals Court Revisits Adverse Possession of Undeveloped Land

The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession.  While it … Continue reading

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Courts Refine Immunity Under the Massachusetts Recreational Use Statute

Private landowners allowing public access to land should take note of recent court decisions which have refined the scope of the Recreational Use Statute, G.L. c. 21, § 17C (“Statute”).  The Massachusetts Legislature enacted the Statute in 1972 in response … Continue reading

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