Zotos v. Armstrong

David Armstrong, as trustee of Six Birch Realty Trust (Armstrong), appeals from a judgment of the Land Court (1) declaring that Thomas and Nancy Zotos, owners of 58 Littles Lane,3 Marshfield, hold an easement by implication over the circular driveway situated on an adjacent parcel of land owned by Armstrong, and (2) enjoining Armstrong from interfering with the Zotoses’ use of the driveway. We conclude that the judge erred.

Many of the underlying facts are not in dispute. The properties owned by the Zotoses and Armstrong are located on the North River in Marshfield and were once held in common…