Commonwealth Electric Co. v. MacCardell

What might have been an interesting addition to the growing body of law regarding the extent to which an owner of registered land may be subject to easements (or other encumbrances) not mentioned in her certificate of title turns out to be another procedural casualty of a plaintiff’s failure to sustain its burden of proof.

Background facts. The Land Court judge found the following undisputed facts. On April 13, 1944, William T. Reagan filed an action in the Land Court Department of the Trial Court, seeking *647to register and confirm title to two parcels of land on Plum Hill Avenue in Duxbury. The…