Williams Bros. of Marshfield v. Peck
Massachusetts Appeals Court
1Opinion of the CourtKantrowitz, J.
In this land use case, we are confronted with *683the clash of two basic principles. The first is that an owner may rely on information contained in a certificate of title for registered land. The second is that appurtenant easements are extinguished when the dominant and servient estates are merged.
We are asked to consider whether an easement over nonregistered land, benefiting a parcel of registered land and listed on the certificate of title as an appurtenant right, was nonetheless terminated by the doctrine of merger when the two parcels briefly came into common ownership. We conclude that it…
2Cases cited9 opinions
- Carey v. New England Organ BankMassachusetts Supreme Judicial Court · 2006
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Kozdras v. Land/Vest Properties, Inc.Massachusetts Supreme Judicial Court · 1980
- Cheever v. GravesMassachusetts Appeals Court · 1992
- Brear v. FaganMassachusetts Supreme Judicial Court · 2006
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3Cited by5 opinions
- Hickey v. Pathways Association, Inc.Massachusetts Supreme Judicial Court · 2015
- Brown v. KalickiMassachusetts Appeals Court · 2016
- Brown v. KalickiMassachusetts Appeals Court · 2016
- Paulini Loam, LLC v. Colbea Enters., LLCMassachusetts Appeals Court · 2018
- Perry v. NemiraMassachusetts Appeals Court · 2017