In this matter, the Plaintiffs, owners of a parcel of registered land on Washington Street in Westport as shown on Land Court Plan 36891A seek a determination as to the rights of the Defendants, owners of the parcel on said plan marked "Lucian A. Charon," in and to a private way, shown on said plan as Eisenhower Street.
This matter came on to be heard on Defendants' Motion under Rule 56, Mass. Rules Civ. P., for Summary Judgment. After reviewing the affidavits, pleadings and documents on file and hearing argument of counsel, I find that there are no material facts in dispute and that, accordingly, this matter is ripe for summary judgment. Community National Bank v. Dawes, 369 Mass. 550 (1976).
Plaintiffs' certificate of title, Number 11411, Bristol South Registry District states, "So much of the land above described is included within the limits of Eisenhower Street, shown on said plan, is subject to the rights of all persons entitled thereto in and over the same."
The plan shows the centerline of Eisenhower Street as the southerly boundary of Defendants' land, the notherly half of the street is on Defendants' land extending to its easterly boundary and thence over Plaintiffs' land to Washington Street.
It is well established that such language in a certificate of title has the effect of creating easements by express grant over the way. Canton Highlands, Inc. v. Searle, 9 Mass. App. Ct. 48 (1980). Moreover, when land is acquired as bounded on a way, which way is owned by the grantor, such land is entitled to an easement over the entire length of such way.
Defendants wish to improve and use the entire forty-foot width of the way for access to their land and for the possible installation of utilities. Defendants have such rights to so use the way for the benefit of their land, as shown on the plan.
Accordingly, Defendants' Motion for Summary Judgment is allowed; and it is hereby
ADJUDGED AND ORDERED that the Defendants named herein have the right to improve Eisenhower Street, as shown on Land Court Plan Number 36891A, by clearing, and paving it to its full width and length and installing utilities thereon for the benefit of their lot as shown on said plan.
By the Court