Fortier v. Town of Essex

Elizabeth H. Fortier and her late husband Frank purchased a house lot at 47 Southern Avenue (property) in the town of Essex (town) in 1948. The town constructed a system of street drains in 1953, which included construction of a drainage ditch across the property.

The ditch fell into disrepair, and in 1977, in response to the town’s claim that it was not able to repair the ditch because it could not enter onto the property, Mrs. Fortier and other nearby property owners granted an easement to the town “to maintain and repair the presently existing drainage ditch on our proper*264ties including…