Flax v. Smith

The parties, owners of adjoining parcels in Jamaica Plain, dispute whether the property of the defendant, Herbert Smith, trustee, 1 is burdened by an easement for water and sewer lines in favor of the property of the plaintiff, Steven Flax. After a trial without a jury, a Superior Court judge ruled that an easement by implication had been created, and he entered orders consistent with that ruling. 2 The area is depicted on the accompanying diagram, the property owned by Flax being designated on the diagram as lot A and the property owned by Smith as lots B and C.

Lots B and C, fronting on St.…