Dente v. Pink

In this action alleging trespass the plaintiffs obtained a permanent injunction preventing the defendant from using a strip of land owned by the plaintiffs and were awarded damages for injuries to the land. The defendant now claims a right of way upon the land by way of easement, either by grant or prescription; and he points to various deeds purportedly granting him such rights. The master’s report, however, made no mention of the defendant’s claim of easement nor did it incorporate the deeds referred to by the defendant. Jones v. Gingras, 3 Mass. App. Ct. 393, 395 (1975). The master’s…