On January 5, 2004, Plaintiffs initiated this action by filing a complaint against their abutter, Alice Baker (Defendant), asserting Plaintiffs access rights in and to a driveway located on Defendants registered land. Plaintiffs assert that Defendant is interfering with their rights, which were established by deed, by impeding access to the driveway, and seek a permanent injunction against such interference. By counterclaim, Defendant contends that Plaintiffs have committed trespass and nuisance and further contends that due to mutual mistake as to the language of the granted easement, deed reformation is necessary.
A decision of todays date has issued in favor of Plaintiffs. In accordance with the decision, it is hereby
ADJUDGED and ORDERED that Plaintiffs have established the location of their undefined access easement granted to them by Defendant along the southerly portion of the so-called 52-foot Wide Right of Way shown on a plan entitled Land Court Plan of Land in Norton, Massachusetts being a Subdivision of Lot 4 Shown on Land Court Plan 39187C Owned by Howard B. and Alice E. Baker Dated February 2, 1997 (Driveway Easement) to be used in common with Defendant; it is further
ADJUDGED and ORDERED that the preliminary injunction entered by this court on February 6, 2004, is hereby made permanent so that Defendant shall not impede, hinder or obstruct in any way the use of the Driveway Easement by Plaintiffs and those acting by, through or under Plaintiffs; it is further
ADJUDGED and ORDERED that the $1,000. bond held by Plaintiffs attorney as a condition to the issuance of the preliminary injunction shall be released to Plaintiffs; and it is further
ADJUDGED and ORDERED that Defendants Counterclaim against Plaintiffs hereby is dismissed.
By the court. (Scheier, C.J.)