Boissy v. Chevion
Annotate this CaseRespondent Ruth Chevion appealed and Petitioners Aaron and Katie Boissy cross-appealed a superior court order that partly granted and partly denied Petitioners' petition to quiet title. The trial court ruled that Respondent lacked an easement to use a certain well on Petitioners' property, but that she had a deeded right-of-way over the property to access a former ice pond. The parties owned neighboring parcels of land in Hopkinton. Petitioners owned three lots, one of which adjoined Respondent's lot. Petitioners brought action to quiet title to two easements Respondent claimed to have on their property. The first easement allegedly gave Respondent the right to pipe water to her house from a well on one of Petitioners' three lots. The second easement allegedly gave Respondent a right-of-way over Petitioners' property to access the pond. The trial court rejected Petitioners' assertion that Respondent's well easement was extinguished by abandonment, but that the easement was extinguished nonetheless because its purpose (to allow use of a certain well on Petitioners' property) was impossible to accomplish. Upon careful review of the trial court record, the Supreme Court affirmed the trial court's decision.
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