In its recent decision in Martin v. Simmons Properties, LLC
, 467 Mass. 1 (2014), the Supreme Judicial Court (“SJC”) held that the rule it adopted in its landmark decision in M.P.M. Builders, LLC v. Dwyer
, 442 Mass. 87 (2004) – which allows the owner of land burdened by an easement to relocate the easement or change its dimensions – applies to easements appurtenant to registered land. Rejecting a contrary holding of the Appeals Court, the SJC affirmed an underlying Land Court ruling that registered land is not exempt from the “modern rule” of M.P.M. Builders
not only clarifies that M.P.M. Builders
applies to registered land, it confirms that, in the wake of M.P.M. Builders
, a long line of cases concerning the rights of parties holding easements that are clearly described or are shown on a plan is no longer good law.