Levenson v. Ciampa

The Land Court has jurisdiction over the subject matter of this petition, not only to register the title, but also to determine the extent of the easement claimed by the petitioner, G. L. c. 185, § 1(a).

The burden of proof was on the petitioner. Lipsky v. Heller, 199 Mass. 310. Hughes v. Williams, 229 Mass. 467.

The testimony objected to was no more than a description of the premises and of the conduct of the holders of the easement in the passageway in regard to the use made of it. Such testimony has been admitted and considered in many cases, for the reasons set out in Salisbury v. Andrews,…