Leonard v. Leonard
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close. The defendant justified under a right of way. The situation of premises is shown by the accompanying plan. At the trial in the superior court, it appeared that the two lots A and B always belonged to the same person until 1844, when B was purchased by the defendant. The title to A after-wards became vested in the plaintiff, through mesne conveyances.
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Tort, for breaking and entering the plaintiff’s close. The defendant justified under a right of way. The situation of premises is shown by the accompanying plan. At the trial in the superior court, it appeared that the two lots A and B always belonged to the same person until 1844, when B was purchased by the defendant. The title to A after-wards became vested in the plaintiff, through mesne conveyances. C was never owned by the owner of A and B. B, when purchased by the defendant, was surrounded by lands of other persons; and he claimed a right of way by prescription over C, and by necessity…
1Opinion of the CourtBigelow, C. J.
On the facts proved and specially found by the jury, it is clear that the owner of lot B had no right of way by necessity over the parcel of land sold to Keith in 1831. At that time, he had another means of access to the highway from lot B, by his prescriptive right of way over the intermediate lot C, and thence through Ms own land to the road. When he sold to the defendant in 1844, he had the same right. It follows that, by conveying to him lot B, the easement over lot C passed as appurtenant, and a right of way by necessity passed by the grant over lot A. In other words, there was…
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