2 Mass. App. Ct. 868 | Mass. App. Ct. | 1974
The defendant appeals from so much of a final decree of the Land Court as declared that the defendant’s easement in a certain private way across land of the plaintiff gave the defendant no right to install utilities therein for the benefit of the land to which its easement was appurtenant. Those utilities were identified in the parties’ statement of agreed facts as “including but not limited to such conduits, pipes, wires, poles, cables or other instrumentalities needed in connection with the provision of electricity, water, gas, telephone, or other municipal or utility services” to the defendant’s land. As stated by the trial judge in her careful, written opinion, “a general right of way in . . . [a private way is] limited to purposes of travel (absent special language creating broader rights) and . . . [does] not include the installation of utilities.” The defendant’s attempts to distinguish the three cases cited by the judge in support of that proposition are not persuasive. The record in Crullen v. Edison Elec. Illuminating Co. of Boston, 254
Decree affirmed.