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Derelict fee statute may not be used to satisfy minimum lot size required for building purposes.(Recent Court Decisions)(Brief article)
The Appeals Court of Massachusetts ruled that a landowner was not entitled to include the portion of his property located in a right-of-way when calculating lot area for purposes of zoning requirements.
James Sears owns a 4,800-square-foot parcel in the town of Marshfield on which he sought to build a residence. The building inspector denied his permit application, finding that the lot failed to meet the 5000 square-foot minimum area permitted under the zoning ordinance.
Sears appealed, arguing that under the derelict fee statute, his parcel had a total area of 5,700 square feet. Under the Massachusetts derelict fee statute, the title to parcels abutting public or private rights-of-way extends to the middle of the thoroughfare. Sears included the square footage of his interest in the abutting private road in arriving at a total area of 5,700 square feet. The zoning board of appeals and the trial court upheld the building inspector's decision. Sears appealed.
On review, the ...
- Commentary: Reformation of deeds vs. derelict fee statute.
- Newspaper article from: Massachusetts Lawyers Weekly February 25, 2002 700+ words
...strips are labeled in certain ways. Here's why. Derelict Fee Statute As you may recall, Section 58 of Chapter 183 reads...to the strip between Lots 2 and 3. Clearly the derelict fee statute doesn't apply and Developer A has the unfettered...
- Commentary: The Derelict Fee Statute Expanded.
- Newspaper article from: Massachusetts Lawyers Weekly April 21, 2003 700+ words
...the extent of their frontage. Then, in 1971, we were given Section 58 of Chapter 183, otherwise known as the Derelict Fee Statute. Statute In Quo Section 58 today reads as follows: "Every instrument passing title to real estate abutting a...
- Commentary: A look at the derelict fee implied easement.
- Newspaper article from: Massachusetts Lawyers Weekly Hovey, William V. June 25, 2007 700+ words
...way. Lot 3 contains the words "40' Right of Way" on that portion of Lot 3 between Lots 1 and 2. Applying the Derelict Fee Statute: "Every instrument passing title to real estate abutting a way, whether public or private, watercourse, wall...
- Measure simplifies impact fee statute.
- Newspaper article from: Spokesman-Review (Spokane, WA) March 15, 2006 700+ words
...the reason for the bill is simple. "It shouldn't be so darn complicated for the entities that have to use (the impact fee statute) that they have to hire an out-of-state consultant," he said. "It's got to be a tool that's easy enough to use...
- Commentary: reconciling zoning laws with land ownership laws.(Massachusetts)
- Newspaper article from: Massachusetts Lawyers Weekly Hovey, William V. April 27, 2009 700+ words
...together with the so-called derelict fee statute, G.L. c. 183, s. 58...plaintiff's construction of the derelict fee statute. First, applying G.L...In sum, we hold that the derelict fee statute, G.L c. 183, s. 58...
- Commentary: A non-monumental but valuable decision.(Column)
- Newspaper article from: Massachusetts Lawyers Weekly Hovey, William V. August 21, 2006 700+ words
...c.183, Sect. 58 -- the derelict fee statute. It conjures up an image of...long ago. The most recent derelict fee case is Hanson v. Cadwell...c. 183, Sect. 58, the derelict fee statute. * The Land Court granted...
- Land Court Case Summaries: July 3, 2006.
- Newspaper article from: Massachusetts Lawyers Weekly July 3, 2006 700+ words
...Misc. Case No. 291167) (June 5, 2006). Derelict fee statute Where plaintiffs are claiming title to a portion...find that they are entitled to such title under the derelict fee statute. Next, I find that no order should enter at the...
- Massachusetts Land Court announces Draft Survey Manual.
- Newspaper article from: Massachusetts Lawyers Weekly May 9, 2005 700+ words
...Section 3.2.4. * A section has been added that addresses the application of G. L. c. 183, Sect. 58, the Derelict Fee Statute, to registered land. The statute codifies the common law regarding interpreting a deed description that contains...
- Land Court Case Summaries: June 13, 2005.
- Newspaper article from: Massachusetts Lawyers Weekly June 13, 2005 700+ words
...evidence that the lot is not a "way," that the plaintiffs therefore do not hold title to it pursuant to the Derelict Fee statute and that the defendant does possess title pursuant to a valid deed. Having said this, I go on to uphold a subdivision...
- Supreme Judicial Court Case Summaries: March 21, 2005.
- Newspaper article from: Massachusetts Lawyers Weekly March 21, 2005 700+ words
...211, Sect. 3 from the application of the "anniversary fee" statute to a case he had filed in Superior Court, the petition was...applicability of the so-called civil litigation anniversary fee statute, G.L.c. 262, Sect. 4D, to cases that were commenced...
Source: HighBeam Research, Derelict fee statute may not be used to satisfy minimum lot size...