Weiss v. Kevorkian, Leahy v. Brown, Leahy v. Graveline

July 12, 2012
/ Englander & Chicoine, P.C.
/ Beach Rights, Land Use Litigation, Notable Decisions

In all three of these cases, the courts addressed beach rights in a seashore subdivision known as Hyannis Park. The courts affirmed the existence of an implied easement benefitting all backlot owners to use the beach. The courts relied in large part on advertisements from the 1890s as evidence of the developer’s intent that the backlot owners would have use of the beach. Other key pieces of evidence in this case were the subdivision plan showing all lots on ways that ran to the beach, and the original deeds for the waterfront lots, which conveyed only small rectangles and no rights to the beach.

Read the Leahy v. Graveline decision (PDF)
Read the Leahy v. Brown decision (PDF)
Read the Weiss v. Kevorkian decision (PDF)

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