Legal Opinion

Leahy v. Graveline

Massachusetts Appeals Court

Decided July 12, 2012No. 11-P-605PublishedCited by 2 opinions

1Opinion of the CourtCarhart, J.

The defendant, as trastee of the Monica T. Grave-line Trust (trust), appeals from a Land Court judge’s decision that (1) the plaintiffs, nonwaterfront lot owners in the Hyannis Park subdivision, have an implied easement allowing them to use a beach on Lewis Bay adjoining property owned by the trust, and (2) said easement has not been abandoned or extinguished.3 We affirm.

Background. This case involves a longstanding dispute concerning the rights of successors in title to certain parcels of property in a subdivision established by three plans dated 1892, filed in the Barnstable County registry…

2Cases cited18 opinions

  1. Schaer v. Brandeis UniversityMassachusetts Supreme Judicial Court · 2000
  2. Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
  3. Labounty v. VickersMassachusetts Supreme Judicial Court · 1967
  4. Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
  5. Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942

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3Cited by2 opinions

  1. Hickey v. Pathways Association, Inc.Massachusetts Supreme Judicial Court · 2015
  2. Kubic v. AudetteMassachusetts Land Court · 2021

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