Real property – Adverse possession

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Where a plaintiff has claimed ownership over Wyer’s Way in Nantucket, the plaintiff is entitled to a declaration that it owns the fee in Wyer’s Way by adverse possession, as Wyer’s Way was used exclusively by the plaintiff’s predecessor from 1970 until at least 2006.

“This is an adverse possession case that turns on the testimony of one witness: Aline Wommack. She is the daughter of Chester Plucinski, who built a dirt road in 1969 that led from New Lane, a public way in Nantucket, to a house he was building for his family at a property now known as 3 Wyer’s Way. As it turns out, Chester built the road on land that was owned by members of the Brock and Chase families. Thirty-seven years later, those families conveyed the land to the Nantucket Islands Land Bank for conservation purposes. Now, the Land Bank and the current owner of 3 Wyer’s Way, The Ceylon Elves, LLC, dispute the nature and extent of the rights which Ceylon Elves holds to use the dirt road built by Plucinski.

“The Land Bank acknowledges that Ceylon Elves holds some easement rights in the dirt road, which were acquired by prescription during Chester and Bettina Plucinski’s ownership of 3 Wyer’s Way. Indeed, the Land Bank unilaterally recorded an instrument in the Nantucket Registry of Deeds entitled ‘Confirmation of Prescriptive Easement’ in 2019, which describes what the Land Bank thinks should be the limitations of the prescriptive easement acquired by the Plucinskis.

“I previously denied the parties’ cross-motions for summary judgment concerning the extent of the rights held by Ceylon Elves to use Wyer’s Way because there were material disputes of fact that required a trial. In fact, I indicated in that decision that the primary questions of fact would turn on the credibility of Aline Wommack. Knowing that I could only assess the credibility and weight of the evidence by hearing live testimony, a trial was scheduled for October 25, 2022. The primary issue of fact was whether the Plucinskis’ use of Wyer’s Way was exclusive for a period of twenty years such that they acquired the fee in Wyer’s Way by adverse possession — not just the prescriptive easement as the Land Bank acknowledged in the ‘Confirmation of Prescriptive Easement.’ …

“Ceylon Elves claims that it owns the fee in Wyer’s Way as a result of the actions of the Plucinski family since Wyer’s Way was constructed in 1970. Ceylon Elves bases this claim on the strength of the physical characteristics of Wyer’s Way and the uncontroverted testimony of Aline Wommack. The Land Bank did not offer any evidence to counter Aline’s testimony. Instead, it asserts that her testimony, by itself, is insufficient to establish each of the five elements of adverse possession because she did not live at the property between 1970 and 2002 and, therefore, does not have sufficient personal knowledge of how Wyer’s Way was used during that timeframe. …

“The Land Bank has conceded that Ceylon Elves has a prescriptive easement over a portion of Wyer’s Way as described in the ‘Confirmation of Prescriptive Easement.’ In so doing, it admits that the Plucinskis used a portion of Wyer’s Way ‘in a manner that has been (a) open, (b) notorious, (c) adverse to the owner, and (d) continuous or uninterrupted for a period of no less than twenty years.’ … Indeed, the Land Bank concedes that the Plucinskis’ use of Wyer’s Way spanned some 37 years. However, for Ceylon Elves to establish that it owns Wyer’s Way by adverse possession, it must also prove that the Plucinskis used Wyer’s Way exclusively for, at least, 20 years. …

“In this case, Aline’s knowledge that Wyer’s Way was used exclusively by her parents and their invitees was based on her own observations when she visited Nantucket and on ‘frequent’ conversations she had with her parents on a regular basis since she left Nantucket in 1970 to pursue college and, then, a career. …

“At trial, I had the opportunity to view Aline’s demeanor, which was important in assessing the accuracy and the credibility of her testimony. … I found her to be a reliable historian concerning her family’s experiences in this general neighborhood since the early 1960s and its use of Wyer’s Way since 1970. Her recollection of details — from the people to whom her father sold his houses to the condition of several of the properties in the area, including 3 Wyer’s Way both before and after her father built the house there — reflected a familiarity with the area that lent further credibility to her testimony. I am persuaded that Wyer’s Way was used exclusively by the Plucinskis from 1970 until, at least, 2006 when the Land Bank bought the Grove Lane property. Thus, I find and rule that Ceylon Elves is entitled to a declaration that is owns the fee in Wyer’s Way by adverse possession. …

“For the reasons stated in this decision, I find and rule that Ceylon Elves owns the fee interest in Wyer’s Way. Thus, judgment will enter in its favor and against the Land Bank on Count IV of the complaint. In light of this ruling on Count IV, the claims for a prescriptive easement in Counts I through III are moot. The ‘Confirmation of Prescriptive Easement’ recorded in the Nantucket Registry of Deeds in Book 1725, Page 207 is null and void and does not limit the rights of Ceylon Elves in Wyer’s Way.”

The Ceylon Elves, LLC v. Nantucket Islands Land Bank (Lawyers Weekly No. 14-043-23) (14 pages) (Smith, J.) (Nantucket Land Court) (Docket No. 20 MISC 000058) (April 19, 2023).

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