Lever v. Cook

By this bill in equity, Dr. and Mrs. Lever and their successors in title, Chester J. Szaro and his wife, seek to enjoin Mrs. Cook from using a sewage disposal system on their land (lot 9) on Tupelo Road, Swampscott, and to collect from her compensation for the use of the system. The trial judge concluded that Mrs. Cook had no easement to use the disposal system, that her use of the system, as it had existed prior to 1962, had been permissive and not adverse, and that the fair rental value of Mrs. Cook’s use was $50 a month. A final decree was entered enjoining Mrs. Cook from using the system,…