Massachusetts Appeals Court January 4, 2007, No. 05-P-1665 (Boothroyd v. Bogartz)

Brown, J.

In 2002, the plaintiff, John Boothroyd (John), commenced an action in the Land Court against the defendant, Richard S. Bogartz, seeking a declaration of their respective rights as to an easement claimed by John over land owned by Bogartz in the town of Amherst. See G. L. c. 231 A; G. L. c. 185.