COMMONWEALTH ELECTRIC COMPANY v. MACCARDELL

No. 05-P-625.

66 Mass. App. Ct. 646 (2006)

COMMONWEALTH ELECTRIC COMPANY v. LESLIE H. MACCARDELL.

Appeals Court of Massachusetts, Suffolk.

June 28, 2006.


Attorney(s) appearing for the Case

Richard M. Serkey for the plaintiff.

Kirk Y. Griffin for the defendant.

John A. Pike, for Real Estate Bar Association for Massachusetts & another, amici curiae, submitted a brief.

Present: LAURENCE, BERRY, & DOERFER, JJ.


LAURENCE, J.

What might have been an interesting addition to the growing body of law regarding the extent to which an owner of registered land may be subject to easements (or other encumbrances) not mentioned in her certificate of title turns out to be another procedural casualty of a plaintiff's failure to sustain its burden of proof.

Background facts. The Land Court judge found the following undisputed facts. On April 13, 1944, William T. Reagan filed...

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