MATTHEW L. JAECKLE, VERA JAECKLE vs. PHILIP D. BARTLETT, DOROTHY W. BARTLETT, JOHN H. BARTLETT, JR., GRACE D. BARTLETT

By decision dated February 6, 1975 this Court found that the petitioners in the above-numbered registration case were entitled to a decree for registration of their title to Lots 1, 2 and 3 on the filed plan subject to a right of way as appurtenant to land of the respondents Philip D. Bartlett and Dorothy W. Bartlett also shown on said plan. The decision did not specifically determine the precise starting point of the right of way nor its width but provided that the surveyor for the petitioners was to furnish a plan showing the location of the way as used by the respondents. This not having been done I now find that said Lot 2 is subject to the right, as appurtenant to the parcel shown on the filed plan as the land of said respondents Philip D. Bartlett and Dorothy W. Bartlett, to pass and repass, on foot and in vehicles, throughout a way commencing at the Northwesterly end of a way twenty-five feet (25') in width shown on Land Court Plan No. 28915A and running Westerly and thence Northerly to a point opposite the Southeasterly corner of said respondents' land thence turning and running Westerly thereto. The Southerly and Westerly boundaries of said way are to be parallel to the property line between said Lot 2 and land shown on said Land Court Plan No. 28915A and twelve feet (12') distant therefrom with appropriate modifications at the Easterly terminus thereof and at the Southwesterly corner of the land shown on the latter plan. That portion of the way which runs from land of Gardner to land of said respondents is also to be twelve feet (12') in width the Southerly line thereof being an extension of the line approximately one hundred eighty-seven feet (187') in length shown on Appendix "A" to the decision dated February 6, 1975.

Decree accordingly.