Union National Bank v. Nesmith

283 Mass. 247 (1921)

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Nature of the Case

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Facts

The common entrance, stairways, and landings constitute the only means of exit and entry from the street to the upper stories of respondent's buildings and to and from the third floor of petitioner's building. The petitioner who is a successor in title to the original owner proposed to tear down its building and erect a new one without a common entrance etc. Petitioner offered to provide support for the portion of respondent's building. Respondent claimed an easement of protection and support and also of way through the petitioner's building until such time as the said building is destroyed or removed without the fault or voluntary act of its owner.