Grant of permission to use driveway 31 years after initial use did not defeat prescriptive easement claim

Owners who traversed a road over neighboring land to get to a public way for more than 30 years established a right to a prescriptive easement despite a grant of permission by the owner of the servient estate that occurred long after the statute of limitations had run. Betts v. Smith, 27 LCR 473, 2019 Mass. LCR LEXIS 187, 2019 WL 4546578 (Mass. Land Ct. 2019) (citing Mass. Gen. Laws ch. 187, §2 which defines the rules for obtaining an easement by prescription). There was no express easement since the party who granted the easement was the son of the owner and "one cannot convey what one does not own," (citing O'Donoghue v. Commonwealth, 99 N.E.3d 843 (2018)). Nor could an easement by necessity be established because the original conveyance granted an easement that was never constructed and there was no evidence that that road would not have been adequate.