James R.g. McBurney v. Peter Paquin; James R.g. McBurney v. Antoinette Verderame

Summary

The court held that the implied easement over the lawn granted rear-lot owners only a right to pass and repass to access the shoreline, not a right to recreate or socialize on the lawn. It upheld the trial court's evidentiary limitation on historical use and its assessment of the evidence, but reversed the supplemental order allowing access to areas east of the development because that expansion lacked evidentiary support. There were no separate opinions.