Patterson v. Paul

When a large tract was divided into three lots in 1986, each deed included a reciprocal view easement barring construction that would block another lot's bay view and permitting the easement holder, upon notice, to enter the other lots to trim trees blocking the view, with no stated duration; when Paul (defendant) gave notice in 2003 of her intent to trim vegetation planted by the middle-lot owners, Patterson and Allen (plaintiffs), they sued for a declaration that the easements expired after 30 years under a state statute limiting undated land-use restrictions. The land court granted summary judgment for the defendants, finding the easements affirmative (not subject to the 30-year limit), and the plaintiffs appealed.