Property Keyed to Saxer
Glenn v. Poole
Glenn (Plaintiff) owns a parcel of land bordering Thatcher Road. Gravel Road runs from Thatcher Road over Plaintiff’s parcel to a parcel of land owned by the Poole family (Defendants). Defendants used Gravel Road to access Thatcher Road since the early 1900s. Defendants initially used the road to haul wood with a horse-drawn wagon. Beginning in 1920, Defendants used trucks instead of wagons. At one point, Defendants operated a gravel pit and used the road to haul gravel. Beginning in the 1930s, Defendants entered the construction and snow plowing business and used Gravel Road to transport its equipment. Throughout this time, Defendants maintained the road by improving it with gravel and by installing a drainage pipe. Defendants also flared the corners of the entrance to Gravel Road in order to improve driver safety. In May 1972, Defendants received a zoning variance allowing them to operate a garage and repair shop on their property. This resulted in increased use of Gravel Road. Plaintiff sued, seeking to have the road eliminated or, in the alternative, to obtain a finding that Defendants’ use of Gravel Road constituted an overload of the easement. The Land Court found that although Defendants’ use of the road greatly increased in May 1972, their use was moderate and consistent with the general pattern formed by the adverse use.
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