340 Mass. 91 | Mass. | 1959
The plaintiffs, who are husband and wife, seek an adjudication of their alleged right to use a driveway and garage located partly on their land at 845 Boston Road, Billerica, and partly on the adjoining land of the defendants, also husband and wife, at 843 Boston Road. The facts have been found by a master. From his report it appears that the two lots of land are each fifty feet wide and one hundred feet deep, the plaintiffs’ lot being south of that of the defendants. The lots were acquired from a common owner in 1925, lot 843 by the defendant Ernest and lot 845 by his brother Edward. Each built a house on his lot and thereafter used the area between the houses for access to his house. A few years later Ernest constructed a garage in the rear of his house and a “hot topped” driveway leading to it.
The master found that “the use made by the plaintiff [s] and . . . [their] predecessors in title in so much of the driveway and ‘lean to’ garage as was located on the lot owned by the defendants was done so with the express or implied permission of the defendants, that no contracts for the continued use thereof by the owners of the respective lots was entered into, and that at most each party had a revocable license to use a portion of the other’s lot for a driveway or any other purpose.” He found “that the defendants revoked the plaintiffs’ license on June 18, 1958,” and found for the defendants.
The master’s report was confirmed and the plaintiffs’ exceptions to it were overruled by interlocutory decree. The plaintiffs appealed from an order denying a motion to recommit and from a final decree dismissing their bill without costs.
As the evidence is not reported, and the facts found by the master are not, upon the face of the report, mutually inconsistent, contradictory or plainly wrong, they must stand. Glover v. Waltham Laundry Co. 235 Mass. 330, 334. They
Interlocutory and final decrees affirmed.