Boothroyd v. Bogartz’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “clear proof of a use of the land in a manner that has been (a) open, (b) notorious, (c) adverse to the owner, and (d) continuous or uninterrupted over a period of no less than twenty years.”

   2 later decisions quote this exact passage
   e.g. 94 Mass. App. Ct. 106 - Smaland Beach Association, Inc. v. Genova · 95 Mass. App. Ct. 730 - Barnett v. Myerow

2. “Because the locus was ... thickly wooded land with dense brush that obscured large parts of it, it was incumbent upon John [Boothroyd] to establish a use, of a degree or character, that would reasonably permit a trier of fact to infer that such a use could have been discovered by a reasonably diligent landowner ...”

   1 later decision quote this exact passage
   e.g. 93 Mass. App. Ct. 1116 - Martha's Vineyard Land Bank Comm'n v. Taylor

3. “We take the facts from the trial judge's findings, to the extent that the same are not clearly erroneous, amplified by aspects of the trial record that are not otherwise disputed.”

   1 later decision quote this exact passage
   e.g. 93 Mass. App. Ct. 1116 - Martha's Vineyard Land Bank Comm'n v. Taylor