Daley v. Town of Swampscott

A Land Court judge ordered title to the petitioners’ land which is situated on the waterfront in Swampscott registered and confirmed subject to “the rights of the Town of Swampscott, its inhabitants and [twenty-three] named individual respondents to use so much of said land as lies seaward of the retaining wall ... for all usual purposes for which a beach is used.” The petitioners have appealed, claiming error in the judge’s determination that the town of Swampscott had acquired an easement by prescription over the beach area for the benefit of the town and its inhabitants. 3 They also…