Tattan v. Kurlan

In Tattan v. Kurlan, 32 Mass. App. Ct. 239, 588 N.E.2d 699 (1992), the court examined several deeds which conveyed, along with land abutting a proposed way, "the right, in common with others, to pass and repass over all streets as shown on the plan." Id. at 241. In its decision holding that the grantees' successors in interest were the owners in fee simple to the middle of the roadways, the court stated that the deeds "did not contain the requisite express exceptions or reservations evidencing an intent on the part of the grantors to retain the fee in the . . . roadways." Id. at 247.