Town of Bedford v. Cerasuolo

This appeal concerns the defendants’ proposed use of an easement, crossing a bicycle path owned by the town of Bedford, to provide access for the defendants’ landlocked parcel on which they hope to build ten apartment buildings containing a total of 258 units. After a bench trial, a Land Court judge ruled that the private crossing shown on a 1929 plan was available for the defendants’ purposes as an easement by implication, so that the defendants could use it for vehicular access to the proposed housing development and to provide connections for all utilities. The town filed this appeal. We…