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ROWLEY v. MASSACHUSETTS ELECTRIC COMPANY

438 Mass. 798 (2003)

LINDA SARAFIN ROWLEY & others v. MASSACHUSETTS ELECTRIC COMPANY.

Supreme Judicial Court of Massachusetts, Hampshire.

March 12, 2003.

Attorney(s) appearing for the Case

Wendy H. Sibbison for the plaintiffs.

Vincent F. O'Rourke, Jr., for the defendant.

The following submitted briefs for amici curiae:

Henry H. Thayer for The Massachusetts Conveyancers Association, Inc., & another.

John A. Pike for Conservation Law Foundation.

Andrew M. Fischer & Mathias Neuber for Massachusetts Bicycle Coalition.

Andrea C. Ferster, of the District of Columbia, & Brennan F. Wall, Alexander A. Bernhard, & Sean T. Carnathan for Rails-to-Trails Conservancy.

Lawrence F. Scofield for Massachusetts Land Title Association.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

In this case we must determine whether the owners of property abutting a former railway may claim title to the land within it pursuant to G. L. c. 183, § 58, a provision enacted to clarify ownership and ease the difficulty of identifying the owners of the small strips of land that lay beneath highways, streams, walls, and other similar boundaries of width that for generations have separated parcels of land. We conclude that they may.

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