32 Mass. App. Ct. 601 - Cheever v. Graves’s Empirical Analysis
1992
Citation profile
2 federal appellate · 6 district · 31 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 2018 · most notably Massachusetts Employers Insurance Exchange v. Propac-Mass, Inc. (1995), Mularoni v. Bing (2001)
2 federal appellate · 6 district · 31 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Save the Bay, Inc. v. Department of Public Utilities · Commercial Wharf East Condominium Ass'n v. Waterfront Parking Corp. · Maier Hanson v. Hanson · Andrzejczyk v. Advo System, Inc. · Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[I]n order to extinguish an easement by merger, a unity of title must have come into existence in the same person. . . . [An owner] cannot have an easement in its own estate in fee." York Realty, Inc. v. Williams , 315 Mass. 287 , 289 , 52 N.E.2d 686 (1943). For the unity of title to extinguish an easement, the ownership of the two estates must be coextensive. York v Realty, Inc. , 315 Mass. at 290 , 52 N.E.2d 686 ; Myers v. Salin , 13 Mass. App. 127 , 142 , 431 N.E.2d 233 (1982). "When a person holds one estate in severalty and only a fractional part of the other, there is not extinguishment of an easement." Mills v. Mason , 120 Mass. 244 , 251 (1876); York Realty, Inc. , 315 Mass. at 290 , 52 N.E.2d 686 . For the unity of title to extinguish an easement, it is the ownership of the two estates that must be coextensive, Mills v. Mason , 120 Mass. at 251 ; York Realty, Inc. , 315 Mass. at 290 , 52 N.E.2d 686 , and not the land area comprising the dominant and servient estates. The common ownership need not extend to the whole of the original dominant estate. 2 American Law of Property § 8.92 (1952 1977 Supp.).”
1 later decision quote this exact passage“[Thhe parties are free to locate a previously undefined right of access, or in the absence of agreement by the parties as to its location a court may fix the bounds of a right of way not located by the instrument creating it.”
1 later decision quote this exact passagee.g. Stevens v. Mannix“[R]ights and appurtenant easements pass by grant without specific mention,”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.