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Desotell v. Szczygiel

Supreme Judicial Court of Massachusetts

September 24, 1958, Argued ; December 3, 1958, Decided

No Number in Original

Opinion

 [*154]   [**699]  Fred G. and Lily I. Harding are the owners of the lot appearing on the upper or north portion of the plan reproduced on page 155. Anna E. Desotell is the owner of the lot to the south of and contiguous to the Hardings' property. South of Desotell's lot is the property of Katarzyna Szczygiel, the defendant. The Hardings and Desotell brought this suit to have the defendant enjoined from obstructing the way on her land shown on the plan over which the plaintiffs assert a right of passage.

 [**700]  A master to whom the case was referred found these facts. On February 11, 1884, title to the properties now owned by the plaintiffs and the defendant was in one Taft. Each deed in the chain of title of the Hardings conveyed the property "together with all rights of way to School Street and other rights appurtenant" to said premises, but the location and boundaries of the right of way were not specified in any of the deeds.

However, the deed, dated December 11, 1909, from the original grantor, Taft, in the chain of title of the property owned by Desotell described [***4]  the easement granted as follows: "Also hereby granting and conveying a right of way at all times and for all necessary purposes 10 feet in width and about 86 feet in length across other land of the grantor adjoining said described premises and lying next southerly therefrom. Said right of way running across the easterly portion of said adjoining premises and being bounded by a line drawn parallel to the easterly line of said adjoining premises and 10 feet distant westerly therefrom. Excepting and reserving a right of way described in deed of Stephen Taft to [the first predecessor in title of the plaintiffs Harding]." 1 Each conveyance of the Desotell property thereafter

 [*155]  [SEE ILLUSTRATION IN ORIGINAL]

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338 Mass. 153 *; 154 N.E.2d 698 **; 1958 Mass. LEXIS 587 ***

Anna E. Desotell & others v. Katarzyna Szczygiel

Prior History:  [***1]  Hampden.

Bill in equity, filed in the Superior Court on April 18, 1952.

The suit was heard by Paquet, J., on a master's report. The defendant appealed from the final decree.

Disposition: Interlocutory decree affirmed. Final decree affirmed with costs of this appeal. 

CORE TERMS

right of way, easement, deed, abandonment, grantor, feet, chain of title, extinguished, servient, decree, premises, dump

Real Property Law, Limited Use Rights, Easements, General Overview, Termination of Easements, Encumbrances, Adverse Possession, Interference With Easements