Bergh v. Hines

Claiming that a fence erected by the defendants interfered with their long-established easement to a beach along the easterly side of the defendants’ lot in Chatham, the plaintiffs sought declaratory and injunctive relief in the Land Court in 1992. The plaintiffs contend that the fence hugs the shoreline and confines their use to a narrow corridor at the water’s edge. The judge, following a trial and a view, declared that the upland line of the easement, originally described as “a line parallel *591with and five feet back from the mean high water line,” was not relocated when the mean high water…