DUDDY v. MANKEWICH

No. 08-P-1354.

75 Mass. App. Ct. 62 (2009)

JOHN R. DUDDY & others v. JAMES J. MANKEWICH.

Appeals Court of Massachusetts, Suffolk.

August 24, 2009.


Attorney(s) appearing for the Case

Donald R. Pinto, Jr., for the defendant.

Peter L. Puciloski (Richard M. Golder with him) for the plaintiffs.

Present: KAFKER, GREEN, & GRAHAM, JJ.


KAFKER, J.

The defendant, James J. Mankewich, appeals from a decision of the Land Court holding that his registered land in Scituate has no easement or right of way over the portion of a private way, Harbor Heights Road, that runs southeast of his property. For the reasons set forth below, we reverse.

We review the history of the property in some detail. On December 28, 1932, the Land Court issued an original certificate of title to William A. and Sarah Davidson...

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