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Defense Verdict on Claims of Prescriptive Easement and Easement by Necessity

December 22, 2020

Chris Callanan obtained a defense verdict on behalf of homeowner Gabriela Varano after a one-day jury waived trial before Hon. William J. Ritter in the Worcester Superior Court on November 9, 2021. The dispute involved a common driveway running over both sides of adjoining property in Clinton, Massachusetts. Varano's neighbor sued alleging adverse use sufficient to obtain a prescriptive easement over the portion of the driveway residing on Varano's land. The neighbors alternatively argued entitlement to an easement by necessity. Judge Ritter denied both of plaintiff's claims crediting evidence offered by Varano that the neighbors' long-time use of the shared driveway was permissive, not adverse, and that alternative means of egress precluded a finding of easement by necessity.

Christopher A. Callanan

Chris Callanan is an experienced trial attorney who represents businesses and individuals in a variety of commercial, employment and catastrophic personal injury matters. Mr. Callanan's business litigation practice focuses on employment disputes including breach of contract, non-compete and non-solicitation agreements, wage and hour disputes, independent contractor classification issues, employment discrimination, wrongful termination, unfair and deceptive business practices, breach of fiduciary duty, fraud, and defamation.

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