Ruling leaves homeowners separated from beach lot
Massachusetts Appeals Court rules derelict fee statute does not apply to Nantasket Beach dispute, ordering judgment for town on quiet title claim.
Real property – Derelict fee statute
Where (1) the plaintiff town of Hull commenced an action seeking to establish and quiet title to an undeveloped part of “Beach Avenue” and (2) a judge determined and declared that the defendants hold the fee title to the disputed area pursuant to the derelict fee statute (G.L.c. 183, §58), the judgment must be vacated because the fee was conveyed to another party in 1887, then to the town in [...]
Court applies Derelict Fee Statute to beach access dispute
The Appeals Court has found that the Derelict Fee Statute gives owners of a beachfront parcel a fee interest in a strip of registered land abutting their property and providing beach access to others even though their title did not specifically reference the strip or its ownership.
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Opinion Digests
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