One-O-Six Realty, Inc. v. Quinn

845 N.E.2d 1182, 66 Mass. App. Ct. 149, 2006 Mass. App. LEXIS 435
CourtMassachusetts Appeals Court
DecidedApril 20, 2006
DocketNo. 05-P-19
StatusPublished
Cited by3 cases

This text of 845 N.E.2d 1182 (One-O-Six Realty, Inc. v. Quinn) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
One-O-Six Realty, Inc. v. Quinn, 845 N.E.2d 1182, 66 Mass. App. Ct. 149, 2006 Mass. App. LEXIS 435 (Mass. Ct. App. 2006).

Opinion

Cypher, J.

The plaintiff, One-O-Six Realty, Inc., appeals from a Land Court judgment declaring that registered land in Danvers owned by the defendant, Paul D. Quinn, as trustee of Two Hundred Forty One Newbury Street Realty Trust, is not burdened by a right of way in favor of the plaintiff’s property. The defendant’s certificate of title to the registered land did not describe such an encumbrance; therefore, the plaintiff sought to show that the defendant had actual knowledge of an unregistered interest and took title subject to the right of way under an exception to G. L. c. 185, § 46, as stated in Jackson v. Knott, 418 Mass. 704, 710-711 (1994). A Land Court judge, after a trial, concluded that the plaintiff had failed to make the necessary showing.

[150]*150Factual background. We summarize the judge’s findings and other undisputed matters of record. The properties in issue are four neighboring parcels with frontage on Newbury Street. The plaintiff owns the two southernmost properties and the defendant owns the two northernmost properties. The defendant’s registered parcel lies at the northerly end of the four, at the southeast comer of Maple and Newbury Streets. The parcels are essentially arranged in a row; traveling north, one would first encounter the plaintiff’s southernmost parcel, then its other parcel, then the defendant’s unregistered parcel, and finally the defendant’s registered parcel, which separates the others from Maple Street. The plaintiff claims a forty-foot wide right of way from its northernmost parcel across the defendant’s two parcels to Maple Street. Automobile traffic has passed over such a path for many years.

In 1968, the land comprising the four parcels was owned by Raymond A. Sullivan and Marion F. Sullivan (Sullivan).2 In 1969, Sullivan conveyed the two southernmost parcels (now owned by the plaintiff) to Victor B. Tremblay and Ernest S. Tremblay, trustees of the Tremblay Realty Trust (Tremblay). Sullivan included in the grant a forty-foot wide right of way from the conveyed premises over his other land to Maple Street.3 Sullivan also reserved a reciprocal right of way.4 No documents referring to the right of way were filed with the Land Court Registry District by either party to that transaction. Thus, there is no reference to the right of way on the defendant’s certificate of title to the registered parcel or in any other document in the chain of title to the registered parcel.

[151]*151The plaintiff acquired the Tremblay parcels in 1988, through mesne conveyances, after Victor Tremblay’s death. The deed stated the “premises are also subject to easements of record, if any, insofar as the same are still outstanding.”

In 1991, Sullivan’s other two parcels, one unregistered5 and the other registered, were conveyed by his executors to Thomas F. Manuel. The deed transferring the unregistered parcel did not refer to or describe the right of way. Manuel’s transfer certificate of title to the registered parcel also did not refer to or describe the right of way.

In 1992, Manuel leased the registered parcel to an automobile repair business. Manuel informed the owner, Thomas R. Elliott, of the right of way. Elliott subsequently painted markings on the pavement, and Manuel paid for the installation of speed bumps to control traffic on the parcel. There is no measurement of the width of the actual right of way, or any plan showing its actual path, in the record.

In 1997, Manuel conveyed the unregistered parcel to the defendant. That deed stated that the parcel was subject to “an indefinite Right of Way 40’ in width to Maple Street as described in [the 1969 Sullivan to Tremblay deed].”6 A few months later, Manuel conveyed the registered parcel to the defendant. Neither the registered deed from Manuel nor the defendant’s transfer certificate of title for the registered parcel contained any reference to the right of way.7

At the time the defendant purchased the registered parcel, in addition to speed bumps and yellow lines, there were yellow arrows, and the words “SLOW” and “NO PARKING” on the pavement of the registered parcel. It is not clear how prominent these markings were at the time, but they were visible.

The defendant hired an attorney to research the titles to the registered and unregistered parcels before the defendant [152]*152purchased them. The attorney prepared memoranda addressing the titles of each property and discussed the substance of those memoranda with the defendant. The attorney determined that the right of way was “extremely indefinite.” He advised the defendant of the Tremblay deed and that the right of way encumbered the unregistered parcel but did not encumber the registered parcel.

The defendant walked the properties before purchasing the unregistered parcel and the registered parcel. On at least one of these occasions, the defendant met with Manuel at the properties. Manuel and the defendant discussed the properties and the record easements that affected title to each of them, and also discussed the flow and coordination of traffic over the registered parcel. At no time during this discussion did Manuel advise the defendant that there was a record easement in favor of the plaintiff’s property or a claim that there was a right of way.

The plaintiff continued its use of the right of way after it acquired the Tremblay parcels and until the defendant began using his registered parcel in a way which the plaintiff complained prohibited it from full use of the access to Maple Street. The plaintiff filed its complaint for declaratory judgment in the Land Court in 1999.

Discussion. A holder of a certificate of title to registered land generally takes “free from all encumbrances except those noted on the certificate.” G. L. c. 185, § 46. Under ordinary circumstances, no easement can affect registered land as the servient estate unless it is disclosed on the certificate of title. See Goldstein v. Beal, 317 Mass. 750, 757 (1945); Tetrault v. Bruscoe, 398 Mass. 454, 461 (1986). “If an easement is not expressly described on a certificate of title, an owner, in limited situations, might take his property subject to an easement at the time of purchase: (1) if there were facts described on his certificate of title which would prompt a reasonable purchaser to investigate further other certificates of title, documents, or plans in the registration system; or (2) if the purchaser has actual knowledge of a prior unregistered interest.” Jackson v. Knott, 418 Mass. at 711. We review the judge’s decision to determine “whether the ultimate order is correct in law upon [153]*153the facts found by the judge in [her] decision, including the documents incorporated therein by reference.” Ide v. Bowden, 342 Mass. 22, 24 (1961).

The judge concluded that the plaintiff had met its burden of proving the existence of an easement over the defendant’s two parcels. The parties do not dispute the judge’s conclusion that a way was identifiable on the ground and crossed the defendant’s registered parcel,8 but in his brief the defendant does challenge the judge’s conclusion that the right of way described in the Sullivan to Tremblay deed was meant to burden both the registered and the unregistered parcels.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MANHUI LIU v. MYSTERY, LLC, & Others.
Massachusetts Appeals Court, 2023
Liu v. Mystery, LLC
Massachusetts Land Court, 2021
Commonwealth Electric Co. v. MacCardell
450 Mass. 48 (Massachusetts Supreme Judicial Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
845 N.E.2d 1182, 66 Mass. App. Ct. 149, 2006 Mass. App. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-o-six-realty-inc-v-quinn-massappct-2006.