Estes v. DeMello

The defendants appeal from a summary judgment of the Superior Court, declaring that they hold no rights in a way crossing the plaintiffs’ property, as shown on a 1971 plan of subdivision. The way was never constructed on the ground in *639the manner depicted on the plan, a circumstance the motion judge concluded defeated the rights the defendants claim. We reverse.

Facts. The undisputed facts may be summarized as follows, with reference to the sketch plan attached to this opinion as an appendix for assistance in understanding the configuration and spatial relationships of the various parcels.

The…