Carlin v. Cohen

This case, a dispute between two neighbors on Martha’s Vineyard, concerns the location of a deeded easement held by Carlin over lot 12, now owned by Cohen, to a private beach known as the “Beach Reserve.” It also involves the question whether the easement may be relocated according to the principles of M.P.M. Builders, LLC v. Dwyer, 442 Mass. 87 (2004) (M.P.M.).

The following facts are undisputed. When Cohen bought lot 12, there was a modest, unheated summer cottage on the property. Although his lot contains approximately 3.1 acres, it has a fairly small “building envelope”2 *as a result of…