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Appeals court hears dispute over ‘paper’ Beach Avenue, chain of title and derelict‑fee statute

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Summary

In a dispute over ownership of an undeveloped strip of Beach Avenue in Hull, petitioners argue the derelict‑fee statute applies and that historical deeds did not convey fee interest to the town; the town says Hobart and the 1913 conveyance confirm municipal title and urged the court to respect the land court’s ruling.

Special counsel Nathaniel Stevens and counsel for the town of Hull told the appeals panel the litigation centers on whether 19th‑century deeds and later transactions fit within the derelict‑fee statute’s exceptions and whether the land court correctly concluded the Ferraras hold fee title to a 60‑foot portion of the one‑mile length of Beach Avenue.

The town urged the court to uphold the land court’s ruling. Stevens said the town maintains fee interests in many of the streets shown on the 1885–1887 subdivision plan and…

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