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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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We agree with the trial judge that the scope of the easement is not limited to pedestrian traffic. The easement exists for the benefit of those who purchased Eriksson's land, for them to use "to pass and repass to and from the beach area, and for all other purposes for which right of ways are customarily used." This language does not expressly limit use of the easement to pedestrian traffic, nor do the attendant facts suggest an intent to so limit use of the easement. As noted by the trial judge, when the easement Page 428