Wardwell v. Duggins
Annotate this CaseThis case arose from disputes regarding the permissible uses of an easement that burdened the land owned by Charles Wardwell and benefitted and abutting parcel owned by John and Corie Duggins. Wardwell filed a complaint requesting that the superior court declare that the Dugginses’ activities exceeded the scope of the easement. The court declared in part that the scope of the easement included hunting and recreational activity. Wardwell then moved to amend the judgment by excluding the terms “hunting and recreation” from the declaration of the scope of the easement. The superior court denied the motion. The Supreme Judicial Court affirmed, holding that the superior court did not err by finding that hunting and recreation were uses contemplated by the parties to the original conveyance and in denying Wardwell’s motion to amend the judgment to exclude those uses from the scope of the easement.
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