Court finds sufficient evidence that an easement was abandoned

In Mello v. Town of Dighton, 2015 Mass. Super. LEXIS 48 (Mass. Super. Ct. 2015), the Massachusetts trial court found sufficient evidence to conclude that an easement was abandoned. The proof in such cases is high; mere non-use does not constitute abandonment. More direct evidence of intent to abandon is required. In this case, the easement was owned by a railroad and the railroad’s bankruptcy trustees conclusively demonstrated their intent never to make use of the easement by expressly abandoning it and stating that the easement was not needed for the railroad’s operations.