CATER v. BEDNAREK

SJC-10985.

462 Mass. 523 (2012)

GLORIA J. CATER & another v. ROBERT BEDNAREK & others, trustees, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 15, 2012.


Attorney(s) appearing for the Case

Bruce W. Edmands for the plaintiffs.

Thomas M. Frisardi for Lucy Clark & others.

Christopher M. Morrison for Robert Bednarik & others.

The following were present but did not argue:

Edward A. Gottlieb for Joan F. Fox.

Lois M. Farmer for Philip P. Mueller, III, & another.

Andrew M. Higgins for Susan B. Cabot.

Paul D. Kiernan , pro se.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

The plaintiffs, Gloria J. Cater and Willie J. Cater, own a parcel of land (Cater parcel) on a hill overlooking Cape Cod Bay in the town of Truro (town) with no frontage on any street. The parcel, however, has the benefit of an unspecified easement conveyed in an 1899 deed that provides a "right of way" to reach a nearby road. In the century that passed before the plaintiffs filed suit in the Land Court in 1998 to confirm the validity of the easement and...

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