Silverlieb v. Hebshie

Beneath this dispute lies a sewer line installed by the Hebshies, the defendants, across land once owned by the city of Brockton and now owned by the plaintiffs. We shall refer to the plaintiffs collectively as “Silverleib” for convenience of reference. Silverleib brought an action under G. L. c. 231 A, for a declaration that he held his land free of any easement or license in favor of the Hebshies. By way of additional relief, Silverleib asked the court to order the Hebshies to remove the sewer line or to refrain from using it and for damages. In a Delphic order, the Superior Court judge…