Legal Opinion
Assad v. Sea Lavender, LLC.
Massachusetts Appeals Court
Decided July 26, 2019No. 18-P-848PublishedCited by 4 opinions
1Opinion of the CourtHanlon, J.
*689Sea Lavender, LLC (Sea Lavender) appeals from a second amended judgment issued by a judge of the Superior Court declaring that Sea Lavender has no legal right to use a sewage pump station located on the abutting property of the plaintiff, Sandra A. Assad, trustee of the S.C.S. Realty Trust, and awarding damages to the trustee for trespass. We conclude that the parties' predecessors in title had agreed to modify the terms of an express easement to permit Sea Lavender to use the pump *690station. In addition, we are persuaded that the trustee is estopped from denying the servitude.
Background. We…
2Cases cited11 opinions
- M.P.M. Builders, LLC v. DwyerMassachusetts Supreme Judicial Court · 2004
- Butler v. Haley Greystone Corp.Massachusetts Supreme Judicial Court · 1967
- Hickey v. Pathways Association, Inc.Massachusetts Supreme Judicial Court · 2015
- Inhabitants of Brookline v. WhiddenMassachusetts Supreme Judicial Court · 1918
- Sullivan v. O'ConnorMassachusetts Appeals Court · 2012
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3Cited by4 opinions
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- Trustees of Boston College v. Boston Academy of the Sacred Heart, Inc.Massachusetts Appeals Court · 2023