Brooks, Gill & Co. v. Landmark Properties, 217 Ltd. Partnership

A judge of the Land Court, after a trial without jury, ruled that an easement by prescription had been created in favor of the plaintiff, Brooks, Gill and Company, Inc. (Brooks, Gill), in a fire escape connected to two buildings, and that the defendant, Landmark Properties, 217 Limited Partnership (Landmark), had acted wrongfully in removing the fire escape. The buildings, owned by Brooks, Gill and Landmark, respectively, are located eight feet apart on abutting parcels of land in the North Station area of downtown Boston. On the basis of findings of fact and rulings of law, the judge ordered…