Macleod v. Davis

LUMMUS, Justice. In 1896 the Center Church, and one Kemp, the predecessor in title of the plaintiff, owned separate lots of land on the northerly side of Commercial street in Provincetown. One Chase, the first husband of the defendant and her predecessor in title, owned land on the southerly side of Commercial street, running down to the harbor. Chase orally made an agreement whereby he granted permission to Kemp and the Center Church to run a sewer drain from their lots across Commercial street and through Chases land to the harbor. Chase himself connected his house with the drain. In 1899 Chase died, and the defendant succeeded to his title. In 1902 and 1908 other owners of houses on the northerly side of Commercial street connected them with the drain. In 1904 and 1928 the town of Provincetown connected catch basins in Commercial street with the drain, in order to carry off surface water. In the latter year, at least, this was done at the request of the defendant. From 1896 until 1930 all the persons whose buildings were connected with the drain enjoyed the free use of it without objection.