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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

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As acknowledged by the trial judge, the evidence regarding vehicular use of the easement prior to 1994 was "scant." However, there was testimony from a former neighbor, who lived in the area from 1967 to 1999 and who had the right to use the easement, that he used to drive an ATV on the easement to get to the beach. The neighbor testified that he would make one round trip on the days that he went to the beach, that his ATV was "quieter than the average motorcycle," and that no one ever complained to him about the fact that he drove an ATV on the easement. The O'Briens purchased lot D in 1978, [Note 4] and their son Page 426