Boothroyd v. Bogartz

In 2002, the plaintiff, John Boothroyd (John), commenced an action in the Land Court against the defendant, Richard S. Bogartz, seeking a declaration of their respective rights as to an easement claimed by John over land owned by Bogartz in the town of Amherst. See G. L. c. 231 A; G. L. c. 185. This controversy centers on the use of trails or paths by John that cross in some measure or another through a heavily wooded four-acre parcel of land (locus) that Bogartz purchased in 1983.1

*41The parties tried the case before a Land Court judge, who, on the basis of written factual findings, ruled in…