MISC 09-403151

June 28, 2010


Trombly, J.


Plaintiff, James E. Luippold, commenced this case on June 15, 2009, seeking a Declaratory Judgment that he, as owner of Lot B as shown on a plan recorded at the Hampshire County Registry of Deeds in Plan Book 209, Page 78, has an easement for ingress and egress over a portion of Defendant’s Lot A as shown on the same plan (Count I), and seeking also treble damages for Defendant’s alleged trespass, pursuant to G. L. c. 242, § 7 (Count II). The case came on to be heard on Defendant’s motion for partial summary judgment, filed with a supporting memorandum on March 19, 2010, seeking judgment that Plaintiff does not have such an easement. Plaintiff filed an opposition to Defendant’s motion on April 20, 2010, and the Court heard arguments from counsel and took the matter under advisement on April 23, 2010.

After careful consideration of all of the evidence, the Court issued an Order today, denying Defendant’s Motion for Partial Summary Judgment, and granting Partial Summary Judgment in favor of the Plaintiff, finding that the Plaintiff does, by virtue of his ownership of Lot B, have easement rights over Defendant’s parcel. In the Order, the Court dismissed Count II of Plaintiff’s complaint without prejudice, ruling that the Land Court lacks jurisdiction over trespass claims not arising from a title dispute. In accordance with that Order, it is hereby:

ADJUDGED and ORDERED that the Plaintiff has an appurtenant easement for ingress and egress to his land, on North street, over a portion of Lot A approximately fifty (50) feet wide and extending approximately two hundred (200) feet northerly from North Street. It is further

ADJUDGED and ORDERED that Count II, Plaintiff’s trespass claim, is dismissed without prejudice.

By the Court. (Trombly, J).


[Note 1] Unless otherwise indicated, all terms used herein carry the same definition as employed in the Order.