Studley v. Kip

The petitioner is the owner of a tract of land, bounded northerly by a way called Girard Avenue and westerly by Hiawatha Avenue, in the town of Falmouth. The respondent Kip owns the adjoining land on the westerly side of Hiawatha Avenue. In 1904, by a decree of the Land Court in the case of Kip, petitioner, there was registered as appurtenant to his land a right to use the whole of the way called Hiawatha Avenue “ in common with others entitled thereto.” This way was twenty feet wide; the boundary line between the Studley and Kip estates being in the middle of the way; the Kip land was…