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LAW OFFICES
DIMENTO & DIMENTO
25 PITMAN ROAD
SWAMPSCOTT, MASSACHUSETTS 01907-1726 a
CAROL A.G. DIMENTO (781) 598-2500
WILLIAM R.DIMENTO (978)741-7467
FA-x: (781)598-2090
E-MAIL: wdimento@dimentolaw.com
January 14, 2003
Kenneth B. Gould, Esquire
Lawson & Weitzen, LLP
88 Black Fallon Avenue, Suite 345
Boston, Ma 02210-2414
Re: Land On Verona Way in Salem, Massachusetts—Your File No. 29776/250
Dear Mr. Gould:
I am responding to your letter to me of December 20, 2002 in which you
requested to be furnished with copies of plans, deeds or other documents-that would help
your office and younclients understand
erstand the claims of MY client, Romilda V. Meneades, as
set forth in my letter to Four-D Best, Inc. and Four-D Best Limited Partnership dated
December 3, 2002.
I am enclosing copies of the following documents:
(1) A plan dated September 10, 2002 prepared by Hayes Engineering, Inc.
entitled "Sketch Plan in Mass.;"
(2) A plan dated August of 1927 captioned at the top as "Home Sites
Subdivision" and entitled "Land of the Almy Trust, Salem, Mass.;" and
(3) A deed dated October 9, 1947, recorded in the Essex South District
Registry of Deeds in Book 3570, Page 547, whereby the predecessor in
title of my client, Romilda.V. Meneades, acquired title to Lots 11, 12, 13,
14 and 15 (Parcel Two) shown on said August 1927 plan.I
As you can see, the 1947 deed states that said Lots 11, 12, 13, 14 and 15 are
bounded "by a proposed street," which is shown as an unnamed way on said 1927 plan.
That way is currently designated as"Verona Way" on the City of Salem's Assessors'
Map.
'By reason of the language of said 1947 deed, my client's predecessor in title,
Edith F. Meneades, acquired ownership of the fee to the center line of Verona Way as
I Rom ilda V. Meneades acquired title to said lots via descent.
M ti
well as an easement of way over the full width and length of said way under principles of
law described in the case of Murphy v. Mart Realty Co., Inc., 348 Mass. 675, 677-678,
679-680 (1.965):
"[W]hen a grantor conveys land bounded on a street or
way, he and those claiming under him are estopped to
deny the existence of the such street or way, and the
right thus acquired(an easement of way) is not only
coextensive with the land conveyed, but embraces the
entire length of the way, as it is then laid out or clearly
indicated and prescribed." [Citation omitted.] This
rule is applicable even if the way is not yet in existence,
so long as it is contemplated and sufficiently designated.
[Citation omitted.] This principle of estoppel "seems to
have become a rule of law rather than a mere cannon of
construction. [Citation omitted.]
As a general rule of construction ". . the mention of
way as a boundary in a conveyance of land is presumed
to mean the middle of the way, if the way belongs to the
grantor." [Citations omitted.] This rule also applies
where a private way is given as a boundary . . . and
where the way is only contemplated. [Citation omitted.]
The principle of law pertaining to fee ownership was codified in part by the
enactment of G. L. c. 184, Section 58, in 1971.
As you can see by reference to the 2002 plan, the Four-D Best Limited
Partnership has developed, occupied and blocked access by a fence to the entirety of the
northeasterly end of Verona Way. Said fence not only crosses over the entire width of
Verona Way, including the portion thereof as to which my client owns the fee; but it also
encroaches upon my client's Lot 15 as shown on said 1927 plan.
After you have had an opportunity to investigate this matter, please communicate
with me so that we can discuss how the current situation will be resolved.
Very truly yours,
William R. DiMento
WRDlgr
Enclosures
2