Barnside Realty Corp. v. Coughlin

This appeal from a judgment of the Land Court, which we transferred here on our own motion, presents the question whether an easement exists over a parcel of land in Essex (locus) owned by the plaintiffs. A judge in the Land Court ruled, on cross motions for summary judgment, that a valid easement existed in favor of abutting land now owned by the defendants Priscilla M. and John T. Coughlin, trustees, and formerly owned by the defendant Philip D. Budrose, trustee.

*234On October 22, 1987, Michael DiGuiseppe, then owner of the locus, granted a mortgage secured by the locus to the Bank of New…