[DOWNLOAD] "Ann Jo Jackson & Others v. James M." by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free

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eBook details

• Title: Ann Jo Jackson & Others v. James M.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 06, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Practice, Civil, Summary judgment. Easement. Real Property, Easement, Certificate of title, Encumbrance, Registered land. Way, Private: extent. GREANEY, J. These nine plaintiffs brought this action in the Land Court seeking, among other relief, a declaration pursuant to G. L. c. 231A (1992 ed.) that an easement exists in their favor over the land of the defendants, James M. Knott and Bruce W. Bemis. The defendants own adjacent beachfront lots in Gloucester which are registered under G. L. c. 185 (1992 ed.), the Land Registration Act. Along the boundary between the two lots is a twenty-foot-wide unnamed private way (Way) that passes from the beach to a large private way, used by the public, and a series of ways and streets to which the plaintiffs have access. It is in and over the Way to the beach that the plaintiffs contend they have an easement. The plaintiffs, and the defendant Knott, moved for summary judgment, and a Judge of the Land Court granted the plaintiffs' motion. See Mass. R. Civ. P. 56 (a), 365 Mass. 824 (1974). The defendants appealed, and we granted their application for direct appellate review. We conclude that the plaintiffs should not have been granted summary judgment, and that summary judgment should have been entered for both defendants. 3

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