Tyler E. Chapman and Maria T. Davis won an important victory in the Massachusetts Appeals Court when the Court affirmed a trial court judge's decision that clients of the firm hold easement rights in a Newton, Mass., residential property.
The Appeals Court ruled that the deeded easement rights are valid and enforceable. In so ruling, the court rejected the abutting property owner's argument that the easement was abandoned once the firm's clients ceased using the area primarily as a driveway.
"The [trial court] judge found that the [firm's clients] continued to use the easement partially as a driveway, with the remainder reserved for recreational use," wrote the Appeals Court. "Although they removed most, but not all, of the driveway within the disputed easement area to expand their lawn, this conduct alone does not sufficiently manifest an intention to abandon the easement."
The three-judge panel affirmed the trial judge's finding that the firm's clients "possess a valid deeded easement that they have not abandoned."
Mr. Chapman has a general litigation practice with a focus on commercial and real estate-related litigation. Ms. Davis's practice includes representing plaintiffs and defendants in business litigation and arbitration.