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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)

Citation
PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)
Parent Document
PHILIP J. MAZZOLA, trustee v. JOHN F. O'BRIEN & another., 178 N.E.3d 870 (2021)
Jurisdiction
Massachusetts (state)
Effective Date
2021-10-15

Other Sections in This Document (45)

Full Text

985 chars
Eriksson, as trustee of the Ellis Farm Trust, bought two parcels of land that he then further divided. Some of the resulting parcels fronted on the beach, while others did not. At issue here are lot 10 (a lot with direct beach access that is now owned by Mazzola) and lot D (a lot without direct beach access that is now owned by the O'Briens). In 1963, lot 10 was sold to Mazzola's predecessor-in-interest. The deeds in Mazzola's chain of title stated that the premises were conveyed subject to a fifteen-foot wide easement "for the benefit of all persons at any time owning or leasing any part of the remaining land of the grantor, or being lawfully invited to any part of said land, to pass and repass to and from the beach area, and for all other purposes for which right of ways are customarily used." In 1965, lot D was sold to one of the O'Briens' predecessors-in-interest, and the deeds in the O'Briens' chain of title conveyed the right to use the easement on lot 10. [Note 3]