James H. Arnold v. Thomas L. Arnold, Jr., individually and in his capacity as Trustee of the Thomas L. Arnold Jr. Trust
Supreme Court of Rhode Island
1Opinion of the Court
Justice Flaherty, for the Court.
"Something there is that doesn't love a wall[.]"
Almost a century ago, the plaintiffs' predecessors in title acquired by deed an easement over the defendants' property to access the adjacent Charlestown Pond. Many decades, pathways, and dock locations later, a disagreement as to the parties' property rights arose. Litigation commenced, and, eventually, after lengthy and painstaking negotiations, a settlement was reached that resulted in easements in favor of the plaintiffs. The Superior Court entered a consent order embodying the terms of the agreement. Sadly,…
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