[Download] "Terrence P. Mccarthy & Another V." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Terrence P. Mccarthy & Another V.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 21, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Harbors. Real Property, Harbors, Wharf, Littoral property, Registered land. Public Land. Practice, Civil, Parties. Res Judicata. Collateral Estoppel. GREANEY, J. The plaintiffs, Terrence P. and Simone B. McCarthy, filed a verified complaint in the Land Court, naming as defendants the town of Oak Bluffs (town) and the Commonwealth, and seeking a declaration, pursuant to G. L. c. 185, § 1 (k) (1992 ed.), 3 and G. L. c. 231A (1992 ed.), that they are entitled to the exclusive use and control of a portion of a wooden plank deck attached to a bulkhead constructed around 1952 with funds from the Commonwealth and the town. The westerly side of the plank deck is washed by the waters of Oak Bluffs Harbor, formerly known as Lake Anthony, a great pond of the Commonwealth (harbor). 4 The plaintiffs are the owners of a parcel of registered land as shown on the plan which appears as an Appendix to this opinion. Under license by the commonwealth, the plaintiffs maintain a pier (labelled ""wharf"" on the appendix), perpendicular to the plank deck, along which they dock boats for a fee. They have also permitted boats to dock in slips along the westerly side of the portion of the plank deck which lies approximately parallel to their registered land. According to their brief, the plaintiffs claim ownership rights in the bulkhead and the plank deck based on the common law property doctrines of accretion and fixtures.