MARTIN v. SIMMONS PROPERTIES, LLC

SJC-11325

467 Mass. 1 (2014)

CLIFFORD J. MARTIN v. SIMMONS PROPERTIES, LLC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 16, 2014.


Attorney(s) appearing for the Case

Clifford J. Martin, pro se.

Joseph P. Mingolla for the defendant.

Martin J. Newhouse & John Pagliaro , for New England Legal Foundation & another, amici curiae, submitted a brief.

Diane C. Tillotson , for Real Estate Bar for Massachusetts & another, amici curiae, submitted a brief.

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


LENK, J.

In this case involving registered land, we consider, among other things, the effect of a reduction by the owner of the servient estate in the dimensions of an easement created for the purpose of permitting the easement holder access to a lot that otherwise has no direct access from a public way. We must determine whether the dimensions of such an easement, defined by reference to a Land Court plan, may be modified by the servient land holder so long as the...

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