Arno v. Commonwealth

This case requires us to consider the interplay between the system of land registration, G. L. c. 185, §§ 26-56 (Registration Act), and the public trust doctrine. In particular, we confront for the first time whether the registration of a parcel of land may extinguish the public’s otherwise existing rights therein. We conclude that it cannot.

The land in question borders Nantucket Harbor. It originally was registered as two adjoining lots in 1922. The plaintiff, Joseph V. Amo, took title to both lots (combined, Amo’s parcel) in 1962. In 2002, Amo applied for and received a license pursuant to…