Jackson v. Knott’s Empirical Analysis

Citation profile

19 state decisions

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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““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.””

   2 later decisions quote this exact passage
   e.g. Emmons v. White · 93 Mass. App. Ct. 644 - Loiselle v. Hickey

2. ““ ‘[I]t is well established that “where land is conveyed with reference to a plan, an easement ... is created only if clearly so intended by the parties to the deed.” ’ Scagel v. Jones, 355 Mass. 208, 211 (1969), quoting Rahilly v. Addison, 350 Mass. 660, 662 (1966). See Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp., 254 Mass. 350, 354 (1926), quoting Prentiss v. Gloucester, 236 Mass. 36, 52 (1920) (‘a reference to a plan in a deed, although accompanied by its use for description or bounds, does not result in the conveyance of rights not necessary for the enjoyment of the premises, in the absence of an intent appearing to that effect’).””

   1 later decision quote this exact passage
   e.g. Reagan v. Brissey

3. ““[a] review of the [inland lot owners’] certificates of title would disclose to [the waterfront lot owners] no right to use the [w]ay on any certificate. Appurtenant to each of the [inland lot owners’] lots is a precisely described right to use only those private ways necessary for access to that specific lot. Further, as the facts disclose, the record is devoid of any indication in other certificates of title, and in deeds, of any rights in the [w]ay. On the contrary, all the documents consistently express rights only in private ways considered essential for access to the lot being conveyed.””

   1 later decision quote this exact passage
   e.g. Hickey v. Pathways Association, Inc.