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
In the construction industry, it is standard for ‘upstream’ parties to require ‘downstream’ parties to purchase and maintain general liability insurance coverage, at varying limits, and to obtain an endorsement adding all or most ‘upstream’ parties as ‘additional insureds’ under … Continue reading
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
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
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
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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An interesting opinion came down from the Massachusetts Appeals Court last month that merits discussion. In 275 Washington Street Corp. v. Hudson River Int’l, LLC, 81 Mass. App. Ct. 418 (2012), the Court held that the damages owed to a landlord from a … Continue reading