Kitras v. Town of Aquinnah

It is settled law that necessity alone does not give rise to an implied easement. Kitras v. Aquinnah, 64 Mass. App. Ct. 285, 298 (2005) (Kitras I), citing Nichols v. Luce, 24 Pick. 102, 104 (1834). “Neither does there exist a public policy favoring the creation of implied easements when needed to render land either accessible or productive.” Ibid., citing Richards v. Attleborough Branch R.R. Co., 153 Mass. 120, 122 (1891). As a result, conventional legal doctrine requires the plaintiffs to prove that at the time the partition deeds were approved by the Probate Court judge in 1878, there was…