Legal Opinion

McGovern v. McGovern

Massachusetts Appeals Court

Decided September 16, 2010No. 09-P-654PublishedCited by 4 opinions

1Opinion of the CourtLenk, J.

This dispute among family members concerns the fee to and easement rights over a private paved driveway now known as Bagley Avenue in Bedford.4 The judge concluded that by operation of G. L. c. 183, § 58, the derelict fee statute, plaintiffs Francis and Phyllis McGovern own the easterly portion of Bagley Avenue to the center, and defendants Christine McGovern and Anthony Leonti own the westerly portion of Bagley Avenue to the center. The judge then declared the easement rights of the parties and determined that the evidence was insufficient to justify reformation of a 1986 deed to Christine.5…

2Cases cited21 opinions

  1. Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
  2. Covich v. ChambersMassachusetts Appeals Court · 1979
  3. Franz v. FranzMassachusetts Supreme Judicial Court · 1941
  4. Sheftel v. LebelMassachusetts Appeals Court · 1998
  5. Suburban Land Co. v. Town of BillericaMassachusetts Supreme Judicial Court · 1943

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3Cited by4 opinions

  1. Martin v. Simmons Properties, LLCMassachusetts Supreme Judicial Court · 2014
  2. Hickey v. Pathways Association, Inc.Massachusetts Supreme Judicial Court · 2015
  3. Martin v. Simmons PropertiesMassachusetts Appeals Court · 2012
  4. Conway v. CaraglianoMassachusetts Appeals Court · 2023

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