Plaintiffs filed this action on October 14, 2005 seeking a declaration concerning rights of the parties in and to certain parcels of land in North Falmouth. Specifically, plaintiffs sought a ruling that they, as owners of a three-fourths interest in two parcels of land abutting Megansett Harbor and Rands Canal, have rights to use those parcels to the exclusion of the defendants.
PlaintiffsÂ’ application for a preliminary injunction enjoining the defendants from using the disputed property during the pendency of the litigation was denied by the court in an order dated June 8, 2006. Following a site visit to the property on May 11, 2007, trial was held in Boston on May 21 and 22, 2007. The testimony of three witnesses was recorded and one hundred fourteen exhibits were introduced, all of which are incorporated herein for the purpose of any appeal. Following the submission of post-trial briefs by all parties, the court has entered a Decision this day finding and ruling that plaintiffs and their invitees have rights to use the disputed property, but that defendants do not have rights to use the beach, parking area, or the portion of the Cleverly property abutting the Rand Canal, whether by grant, prescription, estoppel, or otherwise, unless they are granted permission to do so by persons having the right to grant such license or permission. [Note 1] In accordance with that Decision, it is
ORDERED, ADJUDGED and DECLARED that Judgment be entered for the Plaintiffs; it is further
ORDERED, ADJUDGED and DECLARED that DefendantsÂ’ counterclaims are dismissed with prejudice; and it is further
ORDERED, ADJUDGED and DECLARED that Defendants hold no rights of use in the Beach Lot, parking area, or in Philip Lot No. 1 abutting Rand Canal, and that they may not enter or use any of them, the court having found that no common scheme was created and that Defendants have not established any such rights under the doctrines of estoppel, prescription, or any other theory; and it is further
ORDERED, ADJUDGED and DECLARED that Defendants and those acting by or through them are barred and permanently enjoined from entering the Beach Lot, parking area and the disputed area of Philip Lot No. 1.
By the Court. (Trombly, J.)
PRISCILLA H. CASE, PRISCILLA CASE GERAGHTY, PAULA H. KING, ALAN KING, RICHARD R. CLEVERLY, DAVID H. CLEVERLY, CYNTHIA MADDOX, and MARY J. HUBBARD v. MICHAEL BEARON, CALEB FRASER, MARTHA J. FRASER, ELIZABETH C. BARRETT, DAVID FRASER, WARD FRASER, and VICKY DENSMORE