Massachusetts beach access rights.docx

4 Pages
Unlock Document

University of Massachusetts Amherst
Legal Studies
Allen Gaitenby

httpwwwlawlibstatemaussubjectaboutbeachhtmlMassachusetts Law About Beach RightsMassachusetts LawsColonial Ordinances of 16411647 Extended private ownership from the mean high water line to the mean lowwater line or 100 rods from the mean highwater line whichever is less Previously ownership had extended only to the highwater mark under section 16 of the Body of Liberties of 1641MGL c91 Waterways Section 1 maintains the historical right of access to fish or fowl defining Private tidelands as tidelands held by a private party subject to an easement of the public for the purposes of navigation and free fishing and fowling and of passing freely over and through the waterMassachusetts CasesArno v Commonwealth 457 Mass 434 2010 After registration the landowner had fee simple title to any portion of his property that once was submerged tidelands subject to a condition subsequent that his parcel be used for a public purpose and fee simple title in any historical tidal flats subject to an easement of the publicBoston Waterfront Dev Corp v Commonwealth 378 Mass 629 1979 Provides a comprehensive overview of the history of Massachusetts tideland lawCommonwealth v Alger 61 Mass 53 1851 Called by the Supreme Judicial Court probably the leading case on the subjectCommonwealth v City of Roxbury 75 Mass 451 1857 Explains at great length and in great detail the origins of and changes to property rights along the shoreHoughton v Johnson 71 MassAppCt 825 2008 Details the requirements forprescriptive easements over beachfront propertyOpinion of the Justices to the House of Representatives 365 Mass 681 1974 In disapproving a proposed bill to allow walking along private beaches court provides a clear summary of the lawSpillane v Adams 76 MassAppCt 378 2010 Standard for lowwater mark No definitive standard for tidal marks has been adopted in our appellate case law and we take this opportunity to do so The appropriate standard for low water mark is the mean low water as determined by the NGVDStorer v Freeman 6 Mass 435 1810 Explains the change in the law from lowwater mark to highwater mark in 164147Other Web SourcesPrivate BeachNo Trespassing Bostoncom July 25 2012Attorney Richard D Vetstein tells us what is considered trespassing on Private Beachs in MassachusettsPublic Access to Buzzards Bay and its Shore Buzzards Bay National Estuary Program Helpful site for information regarding public beacheshigh water mark low water mark and more for Cape CodPublic Rights Along the Shoreline Mass Office of Coastal Zone Management Describes the historic ownership of tidelands and the scope of public rights It says in part Over the years Massachusetts courts have ruled that the scope of activities on private tidelands covered by the reserved public rights of fishing fowling and navigation is broad and includes all of their natural derivatives It then goes on to delineate those derivativesPublic RightsPrivate Property FAQ on Beach Access Cape Cod Home Finder This is actually a pamphlet that a former Attorney General had put out reproduced on this site without attribution Despite that the information given is sound and extremely helpfulPrint Sources
More Less

Related notes for LEGAL 391U

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.