Dupuis v. Ellingwood
Annotate this CaseThe Supreme Judicial Court affirmed the judgment of the superior court declaring the ownership of and easement rights to certain property on Plaintiff’s complaint against Defendants. Plaintiff sought a declaratory judgment that he owned title to certain lakefront property and that any easement rights Defendants once may have had to that property had been extinguished. The superior court concluded that, except for a limited area where a structure had been built, Defendants’ express easement to the property had not been extinguished where Plaintiff failed to prove Defendants’ abandonment of the easement and where Plaintiff failed to establish that he possessed the easement “under a claim of right.” The Supreme Judicial Court agreed with the lower court, holding that Defendants’ express easement to the property had not been extinguished either by abandonment or by adverse possession.
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