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Massachusetts Agencies

Restrictions and Charitable Trusts

Restrictions and Reverters

In Dunphy v. Commonwealth, 368 Mass. 376, 331 N.E.2d 883 (1975), that was cited for authority in Opinion of the Justices, 369 Mass. 979, 338 N.E.2d 806 (1975), the court said that “a public trust in perpetuity is unaffected by those statutes relating to the creation, duration, recording and limitations on the enforceability of restrictions and conditions affecting land.” The opinions alternatively refer to public charitable trusts and public trusts, but I perceive no difference. I think that is it safe to say that if the limitations on the use of the property are within a document called or referred to as a trust the restriction statutes become inapplicable.