Howard v. Daniels

White, Catherine A., J.

These cases stem from a dispute concerning land in the Town of West Dennis, Massachusetts (“Town”). On October 10, 2002, the plaintiff, Albion Howard (“Howard”) commenced the first action, No. 02-635, in Barnstable Superior Court. Howard’s complaint alleged trespass and requested declaratory relief against the defendant, William Daniels, Trustee of the Walker Realty Trust3 (“Walker”) in relation to a private way known as Richard Lane. Relying on G.L.c. 183, §58, Howard argues that he owns the fee in Richard Lane abutting his property and seeks to prevent Walker from…