Yagjian v. O'BRIEN

The question for decision is whether a forty-foot wide, record right of way, leading from a road in Lincoln across the O’Briens’ land to the plaintiff’s back land, has been extinguished by prescription. The judge of the Land Court so ruled, and the plaintiff appealed.

The right of way in question originated in 1941, in a deed to Winifred A. Lyons from Charles E. Davis, then owner of the front land, which reserved to Davis and his heirs and assigns a right “to pass and repass [and] to install water, gas and electric light lines over a strip of land 40 feet wide,” running from the road…