Legal Opinion

Cytrynowski v. McDonald

Massachusetts Appeals Court

Decided November 13, 2017No. 16–P–1450Published

1Opinion of the Court

The parties own adjacent parcels of land on Furnace Pond in Pembroke. After a dispute erupted concerning the location of their common boundary line, the defendant, Edward F. McDonald, hired John Keefe, a registered land surveyor, to survey the property. In 2006, Keefe prepared a plan of land (the Keefe plan) showing that McDonald's home is situated entirely on his own lot. The plaintiff, Zbigniew Cytrynowski, hired Douglas Bailey, also a registered land surveyor, to conduct a survey. Bailey prepared his own plan showing the parties' common property line cutting right through McDonald's home.

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2Cases cited11 opinions

  1. Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
  2. Fontaine v. Ebtec Corp.Massachusetts Supreme Judicial Court · 1993
  3. Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004
  4. Avery v. SteeleMassachusetts Supreme Judicial Court · 1993
  5. Allen v. BatchelderMassachusetts Appeals Court · 1984

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