Bannon v. Angier
Massachusetts Supreme Judicial Court
Tort for the obstruction of a right of way over land of the defendant. The plaintiff’s title was by deed, in which no limits of the way granted were fixed or defined. At the trial in the superior court, before Morton, J., a verdict was returned for the plaintiff, and the defendant alleged exceptions.
1Opinion of the CourtBigelow, C. J.
1. Where a right of way, or other easement, is granted by deed without fixed and defined- limits, the practical location and use of such way or easement by the grantee under his deed, acquiesced in by the grantor at the time of the grant and for a long time subsequent thereto, operate as an assign ment of the right, and are deemed to be that which was intended to be conveyed by the deed, and are the same, in legal effect, as if it had been fully described by the terms of the grant. If it is afterwards obstructed by the grantor, he is liable to an action therefor, and cannot defend by showing…
2Cases cited1 opinion
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
- Schroer v. BrooksMissouri Court of Appeals · 1920
- Hines v. HamburgerAppellate Division of the Supreme Court of the State of New York · 1897