Titcomb v. Anthony

At issue in this case is the status of an easement for a right of way over the defendant’s land. The Master (Charles T. Gallagher, Esq.), whose report was approved by the Superior Court (Flynn, J.) on March 29, 1984, found that an easement by grant had once existed, but that the easement had been extinguished by adverse possession. We hold that on the evidence in the record no more than a partial extinguishment of the easement could have occurred, and we accordingly reverse and remand the case to the trial court.

*436From 1939 until 1945 both the plaintiffs’ and the defendant’s property belonged…