Commonwealth Electric Co. v. MacCardell
Massachusetts Supreme Court
876 N.E.2d 405 (2007)
Thomas Murray owned two parcels of land in Duxbury, Massachusetts. In 1936, Murray granted an easement to Plymouth County Electric Company (PCEC) for the installation of transmission lines. The easement deed did not specify which parcel the easement applied to. In 1944, the administrator of the Murray estate asked the Land Court to register and confirm titles to the two parcels. The certificates of title issued by the Land Court showed the transmission-line easement on Lot Two. The Land Court’s decree of registration also stated that the easement applied to Lot Two. However, PCEC had installed the utility poles on Lot One. Leslie MacCardell (defendant) bought Lot One and lived there. Commonwealth Electric Co. (CEC) (plaintiff) became the successor to PCEC. When Lot Two’s owners requested a service increase, CEC discovered that there was no easement recorded on Lot One. CEC then petitioned the Land Court to amend Lot One’s certificate of title to reflect the easement. CEC argued that MacCardell had actual notice of the easement because the utility poles were on Lot One. The trial court ruled for MacCardell. CEC appealed, but the appellate court affirmed the ruling for MacCardell. CEC then petitioned the Massachusetts Supreme Court for review.
Rule of Law
Holding and Reasoning (Ireland, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.