Jul 27 2016

Trial Verdict 2016-13: Springfield Partner Brad Martin

Springfield Partner Brad Martin recently received a favorable opinion from the Land Court on a case that Brad tried on Martha’s Vineyard. Brad defended a land owner (church) that had an easement running the length of its property and to the rear of its lot –about 650 feet long and 40 feet wide. The easement was created by the original owner to create access to the lot that would be owned later by the Plaintiff. The plaintiff, based on the M & P v. Dwyer case, filed an action to reduce the easement on the theory that the easement interfered with the development of her land. She also had a trespass count to require the defendant to remove a dry well that defendant built in the easement for drainage purposes. The judge found that our client had a legal right to the entire use of the easement without reduction and that the dry well was not a trespass as it was part of the obligations that the defendants were required to do to maintain the easement. Brad was assisted by associate Denise Tremblay.

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trial results

Practice Areas

Real Estate

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