Posts tagged "Simmons"

Martin v. Simmons Properties, LLC (Lawyers Weekly No. 10-012-14)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;     SJC‑11325   CLIFFORD J. MARTIN  vs.  SIMMONS PROPERTIES, LLC.     Suffolk.     September 9, 2013.  ‑  January 16, 2014. Present:  Ireland, C.J., Spina, Cordy, Gants, Duffly, & Lenk, JJ.     Real Property, Registered land:  easement, Easement, Certificate of title, Deed, Drain.  Easement.  Deed.  Way, Private: extent.  Drain.       Civil action commenced in the Land Court Department on August 3, 2007.   The case was heard by Gordon H. Piper, J.   After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review.     Clifford J. Martin, pro se. Joseph P. Mingolla for the defendant. Martin J. Newhouse & John Pagliaro, for New England Legal Foundation & another, amici curiae, submitted a brief. Diane C. Tillotson, for Real Estate Bar for Massachusetts & another, amici curiae, submitted a brief.     LENK, J.  In this case involving registered land, we consider, among other things, the effect of a reduction by the owner of the servient estate in the dimensions of an easement created for the purpose of permitting the easement holder access to a lot which otherwise has no direct access from a public way. We must determine whether the dimensions of such an easement, defined by reference to a Land Court plan, may be modified by the servient land holder so long as the purposes for which the easement was created are not frustrated, and the utility of the easement is not lessened.  We conclude that there is no meaningful distinction for purposes of such an analysis between an easement on recorded land and an easement on registered land held pursuant to a Land Court certificate of title.  Confirming and expounding upon our adoption of the Restatement (Third) of Property (Servitudes) § 4.8(3) (2000) (Restatement) in M.P.M Builders, LLC v. Dwyer, 442 Mass. 87 (2004) (M.P.M. Builders), we affirm the decision of the Land Court judge that the width of the easement properly may be reduced as the defendant has done here, since the plaintiff does not dispute that at all times he has been able to use the remaining unobstructed portion of the easement for the purpose of travel to and from his parcel. 1.  Background and prior proceedings.  We recite the facts based on the detailed findings of the trial judge.  For the most part, the facts are undisputed.  […]


Posted by Massachusetts Legal Resources - January 16, 2014 at 10:08 pm

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