Sheftel v. Lebel

689 N.E.2d 500, 44 Mass. App. Ct. 175
CourtMassachusetts Appeals Court
DecidedJanuary 22, 1998
DocketNo. 95-P-1403
StatusPublished
Cited by43 cases

This text of 689 N.E.2d 500 (Sheftel v. Lebel) 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
Sheftel v. Lebel, 689 N.E.2d 500, 44 Mass. App. Ct. 175 (Mass. Ct. App. 1998).

Opinion

Laurence, J.

Over a century and a half ago, Herman Melville noted the irresistible attraction that the seashore holds for our species:

“But look! here come more crowds, pacing straight for the water, and seemingly bound for a dive. Strange! Nothing will content them but the extremist limit of land .... No. They must get just as near the water as they possibly can without falling in. And there they stand — miles of them — leagues! Inlanders all, they came from lanes and alleys, streets and avenues — north, east, south, and west. [176]*176Yet here they all unite. Tell me, does the magnetic virtue of the needles of the compasses of all these ships attract them thither?” Melville, Moby Dick 2 (Great Books of the Western World ed. 1948) (1851).

The defendants in this case, John S. Lebel et al. (boatowners), who owned property close to but not on Prince Cove in Barnstable, were much like Melville’s leagues of inlanders bent on reaching the water. They sought to extend their existing easement across lots bordering on Prince Cove owned by the plaintiffs, Elaine I. Sheftel and Nancy R. Meinken (landowners), to “the extremist limit of land,” by constructing an elevated walkway and pier extending from the mean high water Une to the mean low water line of Prince Cove in order to reach their boats more conveniently. Objecting on the ground that the extent of the easement was expressly terminated by relevant deeds at the “mean high water” mark, the landowners sought a declaration in the Land Court vindicating their right to prevent the proposed extension.

A judge of that court, seeing ambiguity and inconsistency in the language creating the easement and finding that the boatowners experienced undue difficulty in reaching their boats moored in the deeper waters of Prince Cove, ruled that the boatowners’ easement rights had to be extended to mean low water and that they were entitled to construct the proposed walkway and pier for the reasonable enjoyment of their easement. We conclude that the judge’s enlargement of the linear extent of the easement was unwarrantable, given the clarity of the instruments creating the easement. We accordingly reverse the judgment entered in favor of the boatowners, without addressing the issue of the permissible scope of use of the easement.

The landowners’ littoral properties are subject to an easement that is appurtenant to and benefits the adjacent inland properties of the boatowners.3 Each of the parties’ deeds contains a reference to the easement, which the common grantor consistently described as “[a] twenty (20) foot easement as shown on [a specifically identified and recorded] plan extended to mean high water . . . [which is] a right of way for foot travel only for the benefit of [the boatowners’ lots] as shown on said plan to and [177]*177from Prince Cove.”4 Although Lebel never used the easement during the twelve years preceding this action, the Smiths and the Kurlands5 did make periodic boating use of the easement, leaving a canoe or dinghy at the upland, or high water, edge of the tidal flats and using it to reach moorings they had in the deeper water of Prince Cove. At low tide, this often involved dragging the small boats to the low water line or foot traffic back and forth over the flats to reach boats moored below the low water line.

The flats are composed of marsh grass near the high water line and bare soil or mud over the balance of the flats to the low water line. The marsh grass affords reasonably secure foot passage, but walking over the mud can be difficult, involving a continued risk of slipping and falling, especially when manhandling even a small boat. There has been no material change in the flats since any of the parties took title.

In May, 1991, boatowner Lebel, having obtained numerous permits, proposed to construct an elevated walkway and pier so as to extend the easement. With a width of approximately four feet, the proposed walkway would begin at a point above the mean high water line where the easement meets the shoreline, proceed across the mean high water line and the flats, and terminate at the mean low water line, for a total distance of eighty-four feet. Three poles would be positioned approximately twenty feet out from the end of the pier to which pulleys could be attached to facilitate access to boats moored fiirther out in the cove.

On December 20, 1991, the landowners commenced an action seeking a declaration as to the extent of the easement and a permanent injunction prohibiting Lebel from constructing the [178]*178walkway and pier below the mean high water line.6 The boatowners counterclaimed, seeking a declaratory judgment regarding their right to construct the proposed walkway and pier. After a hearing on the boatowners’ motion for summary judgment, a judge of the Land Court ruled, by order dated September 20, 1993, that a “conflict” existed between the easement’s explicit terminus reference at mean high water and what he deemed “the manifest purpose” of the easement, foot access to and from Prince Cove. To avoid frustrating that purpose, the judge concluded that the boatowners’ rights had to be extended to the mean low water line. The judge denied summary judgment at that point, however, because the issue whether construction of a pier on the tidal flats is reasonably necessary for the enjoyment of the extended easement as construed was a factual one appropriate for trial.

After a view of the locus and a one-day trial, the judge ruled, on May 25, 1995, that the proposed pier would be reasonable, relying on the principle stated in Sullivan v. Donohoe, 287 Mass. 265, 267 (1934), that “[wjhen an easement or other property right is created, every right necessary for its enjoyment is included by implication.” He reasoned that “[wjithout the pier and walkway, use of the easement is out of character with surrounding properties, difficult, impracticable, and sometimes dangerous .... [He also noted] that the pier and walkway are only four feet wide — a width appropriate ‘for foot travel only’ — and that continued dragging of small boats across the flats — especially through the marsh grass — is environmentally damaging.”7

The landowners have challenged both- of the judge’s rulings. As noted above, we agree with their principal argument, that the relevant language of the instruments, coupled with applic[179]*179able rules of construction, unambiguously terminate the easement at the mean high water line and do not authorize its extension to the mean low water line.

The basic principle governing the interpretation of deeds is that their meaning, derived from the presumed intent of the grantor, is to be ascertained from the words used in the written instrument, construed when necessary in the light of the attendant circumstances. J.S. Lang Engr. Co. v. Wilkins Potter Press, 246 Mass. 529, 532 (1923). Suburban Land Co. v. Billerica, 314 Mass. 184, 189-190 (1943). Barchenski v. Pion, 9 Mass. App. Ct. 896 (1980). Similarly, with respect to an easement created by a conveyance, “[t]he extent of [the] easement . . . is fixed by the conveyance,” Restatement of Property § 482 (1944); and the “language [used] ... is the primary source for the ascertainment of the meaning of [the] conveyance.” Id. at § 483 comment d. See Murphy v. Donovan, 4 Mass. App. Ct. 519, 527 (1976); Pion v.

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Cite This Page — Counsel Stack

Bluebook (online)
689 N.E.2d 500, 44 Mass. App. Ct. 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheftel-v-lebel-massappct-1998.