Murphy v. Olsen

This action for declaratory relief was brought by inland landowners seeking to establish beach rights over a portion of Wingaersheek Beach in Gloucester and over a way (Sandy Way) to that beach. They claim these rights are incident to an express reservation of a pedestrian easement “to the beach” in deeds to two of the defendants. The matter was *418submitted to a judge of the Land Court on a trial stipulation4 and agreed upon exhibits without testimony from witnesses.5 After taking a view (with counsel), the judge determined that the reserved easement was incapable of being exercised for the…