Todd & Weld Represents The University Prints Building in Successful Prescriptive Easement Action
Todd & Weld is pleased to announce that the Massachusetts Land Court has ruled in favor of its client, The University Prints Building LLC (“TUPB”), recognizing prescriptive easement rights over portions of the neighboring Galen Street properties in Watertown.
TUPB owns 9-13 Boyd Street, the historic former home of The University Prints Building and current location of First Path Day Care Center. The dispute arose over an expansive paved area between the Boyd Street property and several interconnected rowhouses at 135 through 145 Galen Street. University Prints asserted that they inherited prescriptive easement rights over the paved area on the adjacent property, which they needed for parking on the side of the day care center.
Following a two-day trial in March and April 2026, during which the Court also viewed the properties, the Court found that TUPB had established two prescriptive easements based on decades of use by the property's predecessors and their tenants.
First, the Court recognized a Parking Access Easement over portions of the passageway crossing 141, 143, and 145 Galen Street. The easement permits access to parking spaces located along the east side of the Boyd Street property. The Court found that, from the late 1970s through at least the early 2000s, vehicles regularly used the passageway to access the parking spaces, including vehicles belonging to employees, tenants, customers, and vendors of the property's former printing business.
Second, the Court recognized a Delivery Access Easement over the passageway as it crosses all of the Galen Street properties. The easement permits one daily delivery to the rear of the building through a delivery door. The Court found that UPS vehicles regularly used the passageway once each weekday for deliveries and pickups from the late 1970s through at least 2000.
The Court rejected the defendants' argument that the property's owner could not rely on use of the passageway by the building’s former commercial tenants. The Court concluded that a landlord or successor in title may establish prescriptive rights based on a tenant's use where there is sufficient privity between the parties.
The Court further found that certain defendants interfered with the Parking Access Easement by installing a metal fence along the property boundary. The Court ordered the fence removed. Although the Delivery Access Easement had not been blocked, the Court enjoined the defendants from interfering with that easement in the future.
The decision reinforces the principle that long-standing, open, and non-permissive use of property can establish enforceable prescriptive easement rights under Massachusetts law.
Todd & Weld LLP attorneys Evan Johnson and David Rich represented The University Prints Building LLC in the matter.