FLAX v. SMITH


20 Mass. App. Ct. 149 (1985)

479 N.E.2d 183

STEVEN FLAX vs. HERBERT SMITH, trustee.

Appeals Court of Massachusetts, Suffolk.

May 31, 1985.


Attorney(s) appearing for the Case

James A. Paisley for the defendant.

James W. Stone for the plaintiff.

Present: BROWN, KAPLAN, & FINE, JJ.


FINE, J.

The parties, owners of adjoining parcels in Jamaica Plain, dispute whether the property of the defendant, Herbert Smith, trustee,1 is burdened by an easement for water and sewer lines in favor of the property of the plaintiff, Steven Flax. After a trial without a jury, a Superior Court judge ruled that an easement by implication had been created, and he entered orders consistent...

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