Land Court finds no access to Moshup’s Trail lots

Land Court finds no access to Moshup’s Trail lots

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The Massachusetts Land Court has held that Bear Realty Trust, Maria Kitras trustee, has no right to access to about 30 acres of Aquinnah Land on Moshup trail. The trust holds the acreage as successors in interest to what are called set-off lots, created in 1871 and 1878, without express access.

In a legal effort begun in the spring of 1997, Bear has argued that it has a right by necessity over neighboring property, now owned by the town. The Bear lots, along with others, similarly without access, are in the vicinity of Zach’s Cliffs.

In his August 12 decision, Land Court Judge Charles W. Trombly Jr. found that Bear had not proven, in particular using contemporary evidence, that a right of access was contemplated even, if not defined, at the time the lots were set off in the 1870s. Judge Trombly found that at the time the lots were set off by the state legislature from the common lands of what was then Gay Head “there was no intent to create easements by necessity to create access to the plaintiffs’ lots”