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STONE v. PERKINS

No. 01-P-1015.

59 Mass. App. Ct. 265 (2003)

JEFFREY STONE & others v. RICHARD D. PERKINS & another.

Appeals Court of Massachusetts, Worcester.

September 11, 2003.

Attorney(s) appearing for the Case

Michelle J. Blair for the defendants.

Present: COWIN, KASS, & GREEN, JJ.

KASS, J.

Following a jury-waived trial to establish an easement by prescription, a judge of the Superior Court found that the party claiming the easement, the plaintiff Jeffrey Stone, had not "proven any particular location where the prescriptive easement crosses the defendants' land." That finding defeats Stone's claim because, under the authority of Hoyt v. Kennedy, 170 Mass. 54, 56-57 (1898), a person may not acquire an easement of passage by prescription...

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