11 Mass. App. Ct. 87 | Mass. App. Ct. | 1980
The plaintiffs’ complaint seeks to prevent the Lexington Federal Savings and Loan Association, as owner of Lot D-2, as appearing on the plan reproduced on the following page, from using the way labelled “Driveway Easement.”
Although the deeds which serve up the problem in this case are not models of art or clarity, the trail they leave, when read sequentially, is unmistakable. They establish an easement thirty feet wide for the common benefit of abutting owners of land, the easement to be used for access to and from Middlesex Turnpike and Great Meadow Road in Burlington and for other purposes for which streets and roads are commonly used in Burlington.
Prior to February 10, 1971, Vibro Realty Corporation (Vibro) owned a tract of land in Burlington containing more
By a series of deeds delivered and recorded later in 1971, Vibro conveyed the other four lots
It is apparent that prior to any conveyance by it, Vibro evidenced an intention to have a common driveway serve the lots it was carving from its acreage. Snow v. Van Dam, 291 Mass. 477, 482 (1935). Rahilly v. Addison, 350 Mass. 660, 663 (1966). The conveyance by Vibro to Ford of an easement to be used “in common with the grantor and its assigns” would, in view of the March, 1969, plan, refer to all the adjoining land retained by Vibro.
The plaintiffs base their attempts to bar the defendant bank, the current owner of Lot D-2, from using the driveway easement which it abuts on the ground that Vibro’s deed to Elga of Lot D (see n.2) failed to mention the easement. The failure to mention the driveway easement, however, does not extinguish it in light of the prior recordation of the plan by the grantor which showed the easement. Lipsky v. Heller, 199 Mass. 310, 315-316 (1908). See generally Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp., 254 Mass. 350, 354-355 (1926). In a conveyance of real estate all easements belonging to the granted estate are included in the conveyance unless the deed states the contrary. G. L. c. 183, § 15. Melville Shoe Corp. v. Kozminsky, 268 Mass. 172, 179 (1929).
No consequence attaches to the relocation of so much of the driveway easement as was located between Middlesex Turnpike and Lot E from astride the boundary between Lot C and Lot D, as was the case in the 1969 plan, to a position entirely within Lot C. So long as Vibro owned the land on either side of the easement it could make changes in it, provided they were consistent with the rights of the owner of Lot E. Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp., 254 Mass. at 354.
The plaintiffs shall be assessed double costs.
Judgment affirmed.
Lot D was later divided into Lot D-l and Lot D-2.
We so deduce from the record because the December 10, 1970, plan appears in the books of the South Middlesex registry of deeds on the page immediately following that on which the deed of Lot E from Vibro to Ford appears.
After it swings away, westerly, from Lot E, the driveway easement increases in width to fifty feet.
Following the metes and bounds on the 1970 plan.