Hickey v. Pathways Ass’n, Inc.
Annotate this CaseThe plaintiffs in this case owned beachfront lots in the Town of Dennis, and the defendants owned lots located to the south and west of the plaintiffs’ lots. The parties, who were in the same subdivision, disputed access over a private way to the beach that ran between the plaintiffs’ lots. The plaintiffs filed an action to quiet title and for declaratory relief against the defendants. The trial judge determined that the plaintiffs held the fee in the way. The judge then divided the defendants into three groups and determined, as to the first two groups, the defendants held easements over the way, and that the defendants in the third group did not. The Supreme Judicial Court affirmed in part and reversed, holding (1) the plaintiffs did not hold the fee in the way but were easement holders; (2) as to the first and second groups of defendants, the judge correctly determined that the defendants held easements over the way; and (3) the third group of defendants also held easements for access to the waterfront over the way.
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