Diane Rubin Discusses Easement Case in Massachusetts Lawyers Weekly

July 24, 2018

Diane Rubin was quoted in this week’s Massachusetts Lawyers Weekly, discussing a case concerning the plaintiff’s easement rights to a private way in the North End.  A Superior Court judge ruled after that although access to the alley was restricted by both a fence and a gate, these did not serve to either extinguish or abandon the easement rights of the plaintiff.  The judge ruled that the plaintiff, an abutting owner to the passageway in dispute, had not been clearly and unequivocally denied passage through the area, but rather, had been given a key when needed.  Rubin agreed with the decision, saying “the judge concluded, reasonably, that all parties acted mutually and cooperatively to permit shared use of the passageway area until the recent dispute,” and noting that the defendants had not met their heavy burden of proof to establish abandonment or prescription.  Click here to read the full article.

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