CARLS v. LEXINGTON FEDERAL S & L ASSOCIATION


11 Mass. App. Ct. 87 (1980)

414 N.E.2d 362

DAVID H. CARLS & another, trustees, vs. LEXINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION.

Appeals Court of Massachusetts, Middlesex.

December 26, 1980.


Attorney(s) appearing for the Case

Wendell J. Leary for the defendant.

Charles J. Murray for the plaintiffs.

Present: HALE, C.J., ROSE, & KASS, JJ.


KASS, J.

The plaintiffs' complaint seeks to prevent the Lexington Federal Savings and Loan Association, as owner of Lot D-2, as appearing on the plan reproduced on the following page, from using the way labelled "Driveway Easement."

Although the deeds which serve up the problem in this case are not models of art or clarity, the trail they leave, when read sequentially, is unmistakable. They establish an easement thirty feet wide for the common benefit of abutting...

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