If you believe that your property rights are being violated, you may be able to bring an action to stop or enjoin the actions of another individual or entity in court. In an August 24, 2017 Massachusetts real estate case, the plaintiff filed an action claiming an easement over registered property owned by the town of Plymouth, and he sought to enjoin the town from interfering with his easement. Although the plaintiff had a public right of access over the town’s property, he sought to enforce greater easement rights, which he argued the town violated by relocating the easement without his consent.
The Land Court ruled that the plaintiff had an implied easement to cross the town’s land to the sea, but it was limited in scope. Specifically, the court held that the easement entitled the plaintiff to enter and cross the town’s land only on the path designated by the town. The plaintiff appealed the judgment to the Appeals Court of Massachusetts.
The plaintiff purchased his property in 2010. His lot was originally part of a larger parcel divided into three lots in 1911. None of the deeds to the three lots contained or reserved an express easement for the benefit of the plaintiff’s lot. A paved way over one of the lots led to a public park on another lot and to the harbor. The plaintiff purchased his lot for access to the harbor. Due to a physical disability, the plaintiff’s only means to access the harbor is by using an amphibious vehicle from his lot to the boat landing on the other lot. The plaintiff contended that the reconstruction of the public park and the construction of a boat ramp at the northern end of the park essentially relocated his easement, making it less convenient and more difficult to use.