Martin v. Simmons Props., LLC

Plaintiff was the owner of a parcel of land that was subject to and had the benefit of several easements, including Way A, which was created so the easement holder could access his lot, which otherwise had no direct access from a public way. Defendant held title to three lots over which Way A extended and made improvements that protruded to some extent into Way A. Plaintiff filed a complaint asserting acts of encroachment upon its right to use the easement over Way A. The Land Court judge found that Defendant had no obligation to remove any of the encroachments. The Appeals Court reversed in part, concluding that because Plaintiff’s parcel was held under a Land Court certificate of registration, the dimensions of all easements appurtenant to it indicated on the Land Court plan were immutable, and therefore, Plaintiff had had right of access over the full width of Way A as shown on the plan. The Supreme Court affirmed the decision of the Land Court judge, holding that the width of the easement may be reduced since Plaintiff did not dispute that he had been able to use the remaining unobstructed portion of the easement for the purpose of travel to and from his parcel. View "Martin v. Simmons Props., LLC" on Justia Law