Legal Question in Real Estate Law in Massachusetts
Beach Rights
can a neighbor with beach (pond) access easement on our property keep boats on the beach? If so, who is liable for any injuries?
2 Answers from Attorneys
Re: Beach Rights
Is the neighbor keeping the boats on the easement. The right to keep the boats depends on who has rights to the beach area. Often this is controlled by a town ordinance. As to injuries, you noted no details.
Re: Beach Rights
If the easement is for access only and he is keeping the boat on the easement, then he can't leave the boats there. If he is leaving the boats on the beach, that is generally governed by town ordinance.
As to the injury, if it is caused by his boat he is responsible. If it is on your property you may have some responsibility and unless the easement permits him to leave the boat on the beach he has no right to do so. If the beach is public property it is goverened by Town ordinace.