Consoli v. Catania

It is apparent from the face of the master’s report (a) that he had a clear understanding of all the elements the plaintiffs were required to prove in order to establish their claim to a right of way by prescription over the portion of the southwesterly corner of the defendants’ property which the master shaded on the sketch which he prepared as part of his report (see Mastandrea v. Baressi, 2 Mass. App. Ct. 54, 55-56 [1974]) and (b) that the only real bone of contention between the parties was whether the plaintiffs had, at some time following 1959, relocated the walkway which had been used…