Michaelson v. Nemetz

1. The right of way in question (way) appears to have been created by express grants (e.g., “with the right to use the passageway ... for all purposes for which a driveway may be used”; “subject to and with the benefit of the right to use the passageway .. . for all purposes for which passageways are commonly used in the City of Cambridge”) which (for all that appears) were silent as to the uses to which any of the dominant tenements might be put (see Randall v. Grant, 210 Mass. 302, 304 [1911]; Doody v. Spurr, 315 Mass. 129, 133 [1943]; Tehan v. Security Natl. Bank, 340 Mass. 176, 182…