Weston Forest and Trail Association v. Fishman

849 N.E.2d 916 (2006)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
W
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Weston Forest and Trail Association v. Fishman

Massachusetts Appeals Court
849 N.E.2d 916 (2006)

JL

Facts

Beth Fishman (defendant) owned approximately eight acres of land in Weston. The previous owners of the land granted a conservation easement to the Weston Forest and Trail Association (plaintiff). The easement prohibited any construction or placing of any buildings on a restricted area covering all but 60,000 square feet of the land. The easement’s purpose was to ensure the preservation of the property in its present, predominantly natural and undeveloped condition. The easement did permit the restricted area to be used for agricultural, farming, or outdoor recreational purposes. When Fishman purchased the property, the deed to the property specifically referenced this restriction. Fishman made several improvements to the property, including constructing a barn in the restricted area of the property. An employee of the association visited the property while the barn was being constructed, but the employee did not communicate with Fishman regarding the construction of the barn. After the construction of the barn was completed, the association sued Fishman, seeking to enforce the conservation easement. The association moved for summary judgment, which was granted by the trial court. Fishman appealed.

Rule of Law

Issue

Holding and Reasoning (Vuono, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms