Proulx v. D'Urso

In 1972, the appellee, Jean Paul R. Proulx, purchased two pieces of property in Boxford (shown as lots 4 and 4.1 on the attached plan). A right of way (shown as the “wood road” on the plan) had been established by deeds in the chain of title for the benefit of easterly adjoining lot 3. Proulx thereafter fenced off the wood road and rendered it impassible from the public way outlet, Lily Pond Road. He improved and used as his access from the public way a “gravel driveway” located east of and roughly parallel to the wood road. By the time the appellant, Steven J. D’Urso, acquired lot 3 in 1990,…