On October 17, 2016 a
Defendants John F O'Brien, Bonita J O'Brien files proposed Rulings of Law Applies To: O'Brien, John F (Defendant); O'Brien, Bonita J (Defendant)
was filed
involving a dispute between
Mazzola, Philip J,
and
O'Brien, Bonita J,
O'Brien, John F,
for Equitable Remedies
in the District Court of Essex County.
Preview
(oX
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 1677CV1587A
PHILIP J. MAZZOLA, as
TRUSTEE OF THE SEVENTEEN a
2
WINGAERSHEEK REALTY TRUST ra
eri
Plaintiff, 1
co
Vv.
Ms
JOHN F. O’BRIEN and w
BONITA J. O’BRIEN
Defendants.
DEFENDANTS’ PROPOSED RULINGS OF LAW
An easement is a property interest that allows one person to use the land of another
person. Commercial Wharf East Condominium Ass'n v. Waterfront Parking Corp., 407
Mass. 123, 133 (1990).
The exact dimension of an easement can change over time without affecting or reducing
the dominant estate’s rights to use the easement. Martin v. Simmons Properties, LLC,
467 Mass. 1 (2014).
Those with easement rights are entitled to make reasonable improvements to the
easement to ensure that their rights can be fully exercised. Guillet v_ Livernoise, 297
Mass. 337, 340 (1937)(easement holder was permitted to regrade the road, remove
retaining wall, and make other improvements to gain access to his property).
An easement is overburdened when it is used for a purpose different from what the
grantor intended or the disputed use is overly frequent or intensive, creating a nuisance.
Shajii vy. McDade 13 Land Court Misc. 480146, at 9-10 (2017)(Unreported)(Cutler, Chief
Justice).
Page 1 of 2
A nuisance is created when a condition or activity causes a substantial and unreasonable
interference with the use and enjoyment of the property of another. Asiala v, City of
Fitchburg, 24 Mass.App.Ct. 13, 16-17 (1987)(Abrogated on other grounds). “Liability for
the maintenance of a nuisance, premised on allegations of interference with the use and
enjoyment of land, should be based upon a determination that the interference is
intentional and unreasonable or results from conduct which is negligent, reckless or
ultrahazardous.” Morrissey v. New Eng. Deaconess Ass'n--Abundant Life Communities,
Inc., 458 Mass. 580, FN 15 (2010).
The interference must rise above the ordinary annoyances of life. “Plaintiffs must prove a
substantial, unreasonable interference with their enjoyment of their property, not merely
irritation or discomfort. The law of nuisance does not concern itself with trifles, or seek
to remedy all the petty annoyances of everyday life in a civilized community.” Rattigan
v. Wile, 445 Mass. 850, 855-856 (2006).
Respectfully submitted,
THE DEFENDANTS
John F. O’Brien and
Bonita J. O’Brien
ir attorney,
Ae
Document Filed Date
February 18, 2020
Case Filing Date
October 17, 2016
Category
Equitable Remedies
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(oX COMMONWEALTH OF MASSACHUSETTS ESSEX, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 1677CV1587A PHILIP J. MAZZOLA, as TRUSTEE OF THE SEVENTEEN a 2 WINGAERSHEEK REALTY TRUST ra eri Plaintiff, 1 co Vv. Ms JOHN F. O’BRIEN and w BONITA J. O’BRIEN Defendants. DEFENDANTS’ PROPOSED RULINGS OF LAW An easement is a property interest that allows one person to use the land of another person. Commercial Wharf East Condominium Ass'n v. Waterfront Parking Corp., 407 Mass. 123, 133 (1990). The exact dimension of an easement can change over time without affecting or reducing the dominant estate’s rights to use the easement. Martin v. Simmons Properties, LLC, 467 Mass. 1 (2014). Those with easement rights are entitled to make reasonable improvements to the easement to ensure that their rights can be fully exercised. Guillet v_ Livernoise, 297 Mass. 337, 340 (1937)(easement holder was permitted to regrade the road, remove retaining wall, and make other improvements to gain access to his property). An easement is overburdened when it is used for a purpose different from what the grantor intended or the disputed use is overly frequent or intensive, creating a nuisance. Shajii vy. McDade 13 Land Court Misc. 480146, at 9-10 (2017)(Unreported)(Cutler, Chief Justice). Page 1 of 2 A nuisance is created when a condition or activity causes a substantial and unreasonable interference with the use and enjoyment of the property of another. Asiala v, City of Fitchburg, 24 Mass.App.Ct. 13, 16-17 (1987)(Abrogated on other grounds). “Liability for the maintenance of a nuisance, premised on allegations of interference with the use and enjoyment of land, should be based upon a determination that the interference is intentional and unreasonable or results from conduct which is negligent, reckless or ultrahazardous.” Morrissey v. New Eng. Deaconess Ass'n--Abundant Life Communities, Inc., 458 Mass. 580, FN 15 (2010). The interference must rise above the ordinary annoyances of life. “Plaintiffs must prove a substantial, unreasonable interference with their enjoyment of their property, not merely irritation or discomfort. The law of nuisance does not concern itself with trifles, or seek to remedy all the petty annoyances of everyday life in a civilized community.” Rattigan v. Wile, 445 Mass. 850, 855-856 (2006). Respectfully submitted, THE DEFENDANTS John F. O’Brien and Bonita J. O’Brien ir attorney, Ae