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CARLIN v. COHEN

No. 07-P-538.

73 Mass. App. Ct. 106 (2008)

JACQUELINE CARLIN v. EDWIN C. COHEN & another.

Appeals Court of Massachusetts, Suffolk.

November 5, 2008.

Attorney(s) appearing for the Case

Justin Perrotta for the plaintiff.

Russell Beck (David L. Delaney & Andrew K. Goldstein with him) for the defendants.

Present: GRAHAM, DREBEN, & WOLOHOJIAN, JJ.

DREBEN, J.

This case, a dispute between two neighbors on Martha's Vineyard, concerns the location of a deeded easement held by Carlin over lot 12, now owned by Cohen, to a private beach known as the "Beach Reserve." It also involves the question whether the easement may be relocated according to the principles of M.P.M. Builders, LLC v. Dwyer, 442 Mass. 87 (2004) (M.P.M.).

The following facts are undisputed...

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