YAGJIAN v. O'BRIEN


19 Mass. App. Ct. 733 (1985)

477 N.E.2d 202

JACOB YAGJIAN vs. DANIEL F. O'BRIEN & another.

Appeals Court of Massachusetts, Suffolk.

April 26, 1985.


Attorney(s) appearing for the Case

John J. Yagjian for the plaintiff.

Julian J. D'Agostine (Judith Ashton with him) for the defendants.

Present: ARMSTRONG, CUTTER, & DREBEN, JJ.


ARMSTRONG, J.

The question for decision is whether a forty-foot wide, record right of way, leading from a road in Lincoln across the O'Briens' land to the plaintiff's back land, has been extinguished by prescription. The judge of the Land Court so ruled, and the plaintiff appealed.

The right of way in question originated in 1941, in a deed to Winifred A. Lyons from Charles E. Davis, then owner of the front land, which reserved to Davis and his heirs and assigns...

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