Mass. Court Bans Homeowners From Using Their New Swimming Pool

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Earlier this month Massachusetts Land Court issued an order banning a Kingston family from using their newly built swimming pool.

The order resulted from a lawsuit brought to enforce a Declaration of Protective Covenants that had been placed on the property in 1999 when the subdivision was developed.

The Declaration of Protective Covenants, recorded in the Plymouth County Registry of Deeds, states

No in-ground pool shall be located toward the forward portion of any lot beyond a line parallel and tangential with the rear of the residential dwelling located thereon.

It further states

NO ABOVE GROUND POOLS SHALL BE ALLOWED AT ALL.

It’s unclear from the court’s opinion whether the pool at issue was above ground or in-ground.

Regardless the court held that the pool violated the covenants for the subdivision.

The court enjoined the family from using the pool and imposed a fine of $100 for each future violation of the order.

The court also ordered that the family post and maintain a sign at the pool reading:

By order of the Land Court, no one is allowed to enter or otherwise use the Pool.  Anyone entering or otherwise using the Pool may be liable for a fine equal to $100 per day of each violation.

If you have questions about real estate law or need legal representation, please contact me at justin@jrmccarthy.com

 

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