Marden v. Mallard Decoy Club, Inc.

The petitioner seeks to register title to certain land located on the east side of Cushing Highway in Scituate. He denies “the existence of any easements or rights of way in, on or over the premises described.” The respondent (the Club) contends that it has a right of way over the petitioner’s land and seeks to have the nature and extent of said way determined. A hearing was held in the Land Court on the petition for registration. The judge’s decision, which included voluntary findings of fact, ruled that there was created by grant an easement appurtenant to the land owned by the Club and…