Massachusetts General Laws

Mass. Gen. Laws ch. 187, § 4 (2026)

Effect of notice

✓ current as of July 2026

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Section 4. A notice given under the preceding section shall be a disturbance of the easement to which it relates entitling the person claiming such easement to an action for the purpose of trying the right; and if he prevails, he shall be entitled to full costs although he recovers only nominal damages.

Notes of Decisions

Cited in 3 cases, 1980–2013 · leading case: White v. Hartigan, 464 Mass. 400 (Mass. 2013).

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White v. Hartigan, 464 Mass. 400 (Mass. 2013). “In 1999, however, the Flynns posted a notice to prevent easement pursuant to G. L. c. 187, § 4. Any use of the beach by the Nortons, Friedman, or their guests and tenants that began in the early 1980s was “cut off” by the posting, resulting in a period of use shorter than the…”

Newburyport Redevelopment Auth. v. Commonwealth, 401 N.E.2d 118 (Mass. App. Ct. 1980). “Finally, the committee asserts that it is entitled to its costs, both at trial and on appeal, by reason of the stipulation between the parties which is referred to in part 5 hereof and by reason of the provisions of G. L. c. 187, § 4. All that stipulation said was: “The…”

Haugh v. Simms, 835 N.E.2d 1131 (Mass. App. Ct. 2005). “(We note that the corrected judgment contains a typographical error in that it refers to G. L. c. 187, § 4, rather than to G. L. c.”

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