Opinion
11-P-999
03-30-2012
BERNICE JOHNSON & others v. JOSEPH M. SANTOS & another.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
These are cross appeals from a March 17, 2011, judgment by a justice of the Land Court finding that the plaintiffs established, as appurtenant to their properties, a prescriptive easement to access a certain Bournes Pond, in Falmouth, located on the defendants' property. See G. L. c. 187, § 2. The defendants (1) challenge the trial judge's finding that the plaintiffs successfully established the prescriptive easements and (2) seek affirmance of the judge's finding that there was no implied appurtenant easement in the 1947 conveyance that created the two adjacent parcels at issue. Conversely, the plaintiffs (1) seek affirmance of the finding of the prescriptive easements and (2) argue that an implied easement appurtenant to their properties also should have been found. For the reasons stated in the decision of the trial judge, the judgment is affirmed in all respects.
So ordered.
By the Court (Cypher, Green & Trainor, JJ.),
W. Kenneth Johnson, Robert A. Johnson, and June Pina.