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WILLIAMS BROS. INC. OF MARSHFIELD v. PECK

No. 11-P-1203.

81 Mass. App. Ct. 682 (2012)

WILLIAMS BROS. INC. OF MARSHFIELD v. GEORGE A. PECK & others (and a companion case).

Appeals Court of Massachusetts, Suffolk.

April 30, 2012.

Attorney(s) appearing for the Case

Richard M. Serkey for George A. Peck & others.

Robert W. Galvin ( Mark A. Lowery with him) for Williams Bros. Inc. of Marshfield.

Present: KANTROWITZ, BERRY, & VUONO, JJ.

KANTROWITZ, J.

In this land use case, we are confronted with the clash of two basic principles. The first is that an owner may rely on information contained in a certificate of title for registered land. The second is that appurtenant easements are extinguished when the dominant and servient estates are merged.

We are asked to consider whether an easement over nonregistered land, benefiting a parcel of registered...

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