Appeals Court: George Athanasiou v. Board of Selectmen of Westhampton

Keywords:  Adverse Possession and Prescription. Easement. Municipal Corporations, Adverse possession. Way. Real Property, Easement, Adverse possession. Practice, Civil, Summary judgment. 

The Appeals Court  today issued its decision in George Athanasiou v. Selectmen of Westhampton  in which it held, affirming a Land Court judge,  “that the public’s use of the way for a continuous period in excess of twenty years, coupled with the town’s maintenance of the disputed area to provide for such public use, was sufficient to establish a prescriptive easement over the disputed area for the benefit of the town and its inhabitants. ”  For the full text of the case, click on George Athanasiou v. Selectmen of Westhampton.