Stone v. Perkins

Following a jury-waived trial to establish an easement by prescription, a judge of the Superior Court found that the party claiming the easement, the plaintiff Jeffrey Stone, had not “proven any particular location where the prescriptive easement crosses the defendants’ land.” That finding defeats Stone’s claim because, under the authority of Hoyt v. Kennedy, 170 Mass. 54, 56-57 (1898), a person may not acquire an easement of passage by prescription that is not substantially confined to a regular and particularized route. We, therefore, reverse the judgment that concluded Stone had acquired a…