278 Mass. 224 | Mass. | 1932
This is a bill in equity in which the plaintiff seeks to enjoin the defendants from trespassing upon a strip of land, ten feet in width, claimed by the plaintiff as her property. The case was referred to a master who made the following findings: The plaintiff is the owner of real estate in the residential section of the city of Newton numbered 32 Richardson Street. The real estate of the defendants adjoins the land of the plaintiff. The defendant Cahill’s estate is a vacant lot abutting on Richardson Street, and the defendant Troiani’s estate consists of a house and land directly in the rear of the land of Cahill.
A picket fence ten feet easterly of the boundary line of the plaintiff’s real estate, as determined by her deed and the deeds of the defendants, was in existence extending from Richardson Street to the rear of the property of the plaintiff and the defendant Troiani from at least as far back as 1879 down to 1885. No fence was in existence in 1900, but in 1901 a new fence was erected on the line of the old fence by one Eddy, who then owned all the property. It was taken down in 1918 by mutual consent of the owners of the respective properties at that time, and an iron marker was put down at the Richardson Street end of the fence; this marker is still in existence. In 1925 a new wire fence was erected over a portion of the line of the old fence by the plaintiff, and this remained in place without any objection until May, 1928.
A wooden building about ten feet four inches long and about four feet six inches wide and approximately seven
During the time that the properties now owned by the plaintiff and the defendants were owned by the heirs of Elizabeth E. Eddy, an auction sale was made of the property now owned by the plaintiff. The fence above referred to was then in existence. The wooden structure in the rear was then in its position in the disputed area standing about six inches from the fence. From all appearances to the casual view the property that was up for sale included the disputed area and this wooden structure. The auctioneer stated at the time of the sale, “There it is, look it over.” The property was bought by George W. MacGregor who during his ownership acted as if the boundary line of the property was the fence. His deed, however, contained the same description as was contained in the deed to India C. Hews.
A plan entitled “Profile of Richardson Street Sewer” dated October, 1892, was introduced in evidence by the defendants over the objection of the plaintiff. No error is shown by its admission. It was originally a copy of another plan. It was produced by the assistant engineer of the city of Newton by whose engineer it had been made and in whose custody it had been, since it, was made. It was
The question before us for decision is whether the true boundary line between the properties of the plaintiff and the defendants is to be determined solely by the deeds or by the picket fence. It is the contention of the plaintiff that the fence is the true boundary line and that it was so recognized and acted upon by all the predecessors in title of the plaintiff and the defendants.
The master finds under the title “Fences” that a picket fence “ten feet easterly of the easterly boundary line of the plaintiff’s real estate” as determined by her deed and the deeds of the defendants was in existence extending from Richardson Street back to the rear of the property of the plaintiff and the defendant Troiani from at least as far back as 1879 down to 1885, and probably longer. Under the title “Use of Property in Dispute” he also refers .to the boundary line “as determined by the deeds.” There
The plaintiff’s requests so far as they involved findings of fact need not be considered by us. Warfield v. Adams, 215 Mass. 506. Berenson v. French, 262 Mass. 247, 254. The others were rightly denied on the ground that even if sound in law they were not applicable to the facts found.
The final decree must be affirmed with costs.
Ordered accordingly.