Legal Opinion

Sea Pines Condominium III Ass'n v. Mostyn

Massachusetts Superior Court

Decided March 28, 2006No. 199900428Published

1Opinion of the Court

Quinlan, Regina L., J.

This is a civil action in which the plaintiff Sea Pines Condominium III Association (“Sea Pines”) is seeking title by adverse possession to a portion of the land now owned by the defendant John Mostyn (“Mostyn”) as he is Trustee of the Lot 106-2 Dune Road Realty Trust.1 (Count I.) Alternatively the plaintiff is seeking a prescriptive easement to that portion of the land in dispute. (Count II.) The disputed property is located to the west of the property line dividing the property owned by the plaintiff from property owned by the defendant Mostyn, as Trustee, who disputes…

2Cases cited28 opinions

  1. Kendall v. SelvaggioMassachusetts Supreme Judicial Court · 1992
  2. Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
  3. Ottavia v. SavareseMassachusetts Supreme Judicial Court · 1959
  4. Foot v. BaumanMassachusetts Supreme Judicial Court · 1955
  5. LaChance v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1938

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