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PROULX v. D'URSO

No. 02-P-777.

60 Mass. App. Ct. 701 (2004)

JEAN PAUL R. PROULX v. STEVEN J. D'URSO.

Appeals Court of Massachusetts, Suffolk.

March 25, 2004.

Attorney(s) appearing for the Case

Michael S. Lalikos for the defendant.

Donald F. Borenstein for the plaintiff.

Present: Laurence, Green, & Trainor, JJ.

LAURENCE, J.

In 1972, the appellee, Jean Paul R. Proulx, purchased two pieces of property in Boxford (shown as lots 4 and 4.1 on the attached plan). A right of way (shown as the "wood road" on the plan) had been established by deeds in the chain of title for the benefit of easterly adjoining lot 3. Proulx thereafter fenced off the wood road and rendered it impassible from the public way outlet, Lily Pond Road. He improved and used as his access from the public way...

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