Gifford v. Otis

In this appeal, we consider the statutory land registration scheme and the effect of a failure to perfect certificate of title on a claim of prescriptive easement rights.

On October 3, 2005, the plaintiffs, John and Debra E Gifford, filed a verified complaint in the Land Court seeking to establish a prescriptive easement over a portion of land owned by the de*212fendants, trustees of the Mermaid Avenue Condominium Trust. On November 22, 2005, the defendants filed a motion to dismiss, or in the alternative, a motion for summary judgment, asserting that the plaintiffs had failed to establish a…