King v. Murphy
Massachusetts Supreme Judicial Court
Tort for the obstruction of a right of way. Trial in the Superior Court, before Pitman, J., who ordered a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
It is true, as a general rule, that an interest in real estate cannot be conveyed except by a deed; but it is well settled that an owner of a right of way or other easement may, without deed, abandon his right so as to relieve the servient estate of the incumbrance. Dyer v. Sanford, 9 Met. 395. Mere non-user, even for twenty years, will not conclusively show an abandonment of a right of way; but when the owner of the dominant estate, to which a right of way over a servient estate is appurtenant, does some acts inconsistent with the continued existence of the way, with the intention to abandon…
2Cases cited2 opinions
- Jamaica Pond Aqueduct Corp. v. ChandlerMassachusetts Supreme Judicial Court · 1876
- Warshauer v. RandallMassachusetts Supreme Judicial Court · 1872
3Cited by23 opinions
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Snell v. . LevittNew York Court of Appeals · 1888
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- D. M. Goodwillie Co. v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- New England Structural Co. v. Everett Distilling Co.Massachusetts Supreme Judicial Court · 1905
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