Goulding v. Cook

In Goulding v. Cook, 422 Mass. 276, 661 N.E.2d 1322 (1996), the Court held that although "property rights are not absolute, . . . except in 'exceptional' cases," the court will draw a line and will not permit "permanent physical occupations amounting to a transfer of a traditional estate in land." 422 Mass. at 277-78. In Goulding v. Cook, the Supreme Judicial Court said, "the Appeals Court's disposition leaving the encroachment in place in exchange for payment may be seen as moved by its revulsion at the thought that the plaintiffs should be able to extract so large a rent for so minor an accommodation." 422 Mass. at 279. Nonetheless, the Supreme Judicial Court ordered the encroachment removed.