Residents surprised by Trustees’ lawsuit

To the Editor:

We, the undersigned Cape Poge residents named as defendants in the recent legal action initiated by the Trustees of Reservations (TTOR), appreciate the opportunity to address the public regarding this matter.

We were surprised to learn of this lawsuit through a press release, particularly given our generations of good-faith collaboration and historical cooperation with TTOR as neighbors.

The claim that actions taken on private property have prevented TTOR staff from accessing its properties is not accurate. A gate located at the boundary of Lots 3-12 (TTOR) and 3-13.111 (privately held) has been locked since February of this year following incidents of trespass and property damage across multiple Cape Poge properties. Since that time, TTOR has continued to successfully access all of its Cape Poge properties via alternative routes. It has access today. While we understand the inland road offers convenience, this gate is not preventing access. 

TTOR holds formal agreements or easements across other privately held lots on Cape Poge; however, no such agreement exists for this particular lot. We would have welcomed a conversation about permissive access before legal action was taken. Given where things stand today, we believe the Massachusetts Land Court will uphold the principles of private property rights in this matter.

For generations, vehicle travel along this inner road through private property has been permitted to both the public and TTOR in a spirit of cooperation. In that same spirit, we remain open to constructive dialogue with TTOR to reach a balanced solution that respects both its desire for convenient access and the established rights of private landowners.

Dr. Edward B. Self Jr., Judith Self Murphy, Jay K. Osler II, Erin O. Michaud, Mark S. Osler
Cape Poge