JOHN G. SAMAAN and LYNN E. SAMAAN v. JEAN C. TRYON, individually, and JEAN C. TRYON and JULIA R. TRYON, trustees of the Jonathan S. Tryon Living Trust

This case involves two express easements (referred to in the deeds as “rights of way”), appurtenant to plaintiffs John and Lynn Samaan’s property on Granite Street in Rockport and leading from the rear of that property to the Gull Cove harbor, which the owners of the land over which those easements run (defendants Jean Tyron, individually, and Jean and Julia Tryon, as trustees of the Jonathan Tryon Living Trust) contend have either been extinguished or abandoned. The Samaans seek a declaration that they and their successors may use the rights of way for all purposes set forth in the deeds, and a permanent injunction prohibiting the Tryons and their successors from interfering with such use.

For the reasons set forth in the December 4, 2008 Decision issued by the court (Long, J.), I find and rule that the rights of way have neither been extinguished nor abandoned, and grant the Samaans the injunctive relief they seek. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that the Samaans, and their heirs, assigns, and successors as owners of Lots 3 and 4 as shown on the 1937 Allen Plan are entitled to use, maintain and improve the two rights-of-way, “for travel by teams or otherwise,” as provided in the deeds. The 10’ right of way extends to the harbor. It is further ORDERED that the Tryons, and their heirs, assigns, and successors as owners of Lots 1 and 2 are permanently enjoined from interfering with those rights. The oak tree that encroaches three feet into the easement, as shown in agreed exhibit 26, may remain. All other bushes and plantings in the easements may be removed.

SO ORDERED.

By the court (Long, J.)