Massachusetts Appeals Court August 18, 2004, No. 03-P-793 (Estes v. DeMello)

Green, J.

The defendants appeal from a summary judgment of the Superior Court, declaring that they hold no rights in a way crossing the plaintiffs’ property, as shown on a 1971 plan of subdivision. The way was never constructed on the ground in *639the manner depicted on the plan, a circumstance the motion judge concluded defeated the rights the defendants claim. We reverse.

Facts.