AGHCA, on April 20th, 2016

Kitras-Decoulos Litigation Decided: No Easement by Necessity for Landlocked Parcels

This map shows the approximate location of the tracts of land that the Appeals Court ruled are entitled to access.

This map shows the approximate location of the tracts of land that the Appeals Court ruled are entitled to access.

The highest state court in Massachusetts issued a very significant opinion on April 19, holding that there are no easements by necessity for “setoff” lots in the Town of Aquinnah.  This is in connection with a legal action known familiarly as the “Decoulos/Kitris” litigation, which was brought against the Town, the Land Bank, the Vineyard Conservation Society,  and a number of individual property owners off Moshup Trail and sought rights of way over a number of properties from “landlocked” properties owned by the plaintiffs.

This litigation was commenced in 1997 and has required the expenditure of much time and money by all of the defendants.    A number of statewide organizations and both AGHCA and the Tribe filed amicus briefs in this matter.   Click here to read the Kitras Slip Opinion 4 19 16.

MV Times article

MV Gazette article

 

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