Yes, and the result is very hard to overturn. In this case, the Appeals Court upheld an arbitration award that barred a homeowner from parking overnight on his neighbors’ right of way and ordered him to regrade and clear it, because the neighbors’ settlement agreement sent all claimed violations to binding arbitration. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
Two neighbors own abutting lots. An old unpaved road crosses the front lot to reach the rear lot, and a recorded easement lets the rear owners pass with vehicles or otherwise. The rear owners sued in 2020, saying the front owner blocked the road with parked cars and interfered with plans for a septic system. In 2021 the parties settled. The front owner could park on the easement, but between 7 a.m. and 7 p.m. the rear owners had to give one hour’s notice before using it, and he had to clear it. The settlement and a recorded amendment of easement both sent disputes to binding arbitration. When the rear owners later said he was still parking there and had moved the entrance so vehicles could not pass, the court sent the dispute to arbitration before a retired Land Court justice. After a two-day hearing and a site view, the arbitrator ordered the front owner to regrade the easement, remove obstructions, and not park on it between 7 p.m. and 7 a.m. The Superior Court confirmed the award.
What the court decided
The Appeals Court affirmed in Griffin v. Mears, No. 24-P-96 (Mass. App. Ct. March 6, 2025) (Rule 23.0 decision).
A court must vacate an award if the arbitrator exceeded his powers. G.L. c. 251, § 12(a)(3). But review is narrow, and Massachusetts strongly favors arbitration. Courts uphold an award even if it is wrong on the facts or the law, because the parties bargained for the arbitrator’s judgment. Pittsfield v. Local 447 Int’l Bhd. of Police Officers, 480 Mass. 634 (2018). An arbitrator exceeds his authority by granting relief outside the arbitration agreement, beyond what the parties agreed to, or barred by law. Katz, Nannis & Solomon, P.C. v. Levine, 473 Mass. 784 (2016).
The overnight parking question came from a gap in the settlement. It required daytime notice but said nothing about nights, so it was unclear whether overnight parking was allowed. Interpreting that kind of ambiguity is the arbitrator’s job. Grobet File Co. of Am. v. RTC Sys., Inc., 26 Mass. App. Ct. 132 (1988).
The repair order was also within bounds. Every contract carries an implied covenant of good faith and fair dealing, so neither side may destroy the other’s right to the benefits of the deal. Druker v. Roland Wm. Jutras Assocs., 370 Mass. 383 (1976). The arbitrator found the front owner broke that covenant by locating the easement so it could not be used. Since the parties agreed to arbitrate any alleged violation, that issue was squarely before him.
The court rejected the claim that the neighbors’ lawyer misled the judge, finding the transcript showed the judge understood the dispute. It also rejected a claim of bias. Evident partiality under G.L. c. 251, § 12(a)(2) means a reasonable person would have to conclude the arbitrator favored one side. Buffalo-Water 1, LLC v. Fidelity Real Estate Co., 481 Mass. 13 (2018). Ruling against a party on the main issue is not bias.
What this means for you
Neighbor disputes over driveways and rights of way often end in settlements. Read the arbitration clause closely before you sign. A broad clause covering any alleged violation gives the arbitrator wide power to interpret the deal and order fixes, including work on the ground.
Once the award issues, your options shrink. A court will not redo the arbitrator’s reading of the facts or the agreement just because you disagree. And gaps in your settlement, like a rule for daytime but not nighttime, are exactly what an arbitrator gets to fill.
If you hold the easement, this is good news. A clear arbitration clause can get you a faster, enforceable result, including an order to clear and repair the way.
What to do now
- Read your deed, any recorded easement, and any settlement for arbitration clauses and their exact scope.
- When you settle, spell out parking, notice and maintenance rules for every hour of the day.
- Take dated photos of obstructions, parked vehicles and the condition of the way.
- If you want to challenge an award, act fast. An application to vacate generally must be filed within thirty days after you receive the award.
- Get legal advice before arbitration begins, not after the award.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. These cases move on short deadlines.
