EDWARD SULLIVAN and KATHLEEN FOLAN v. 158 NEPONSET CONDOMINIUM TRUST by its trustees PATRICK SLATTERY, DENNIS ROMAINE and DANIEL NASH, and ERIC ROMAINE and DENNIS ROMAINE individually

For the reasons set forth in the court’s Decision of this date, it is ORDERED, ADJUDGED and DECREED that the defendants continue to have the right to use the easement at issue in this case (see Exhibit 1, attached) and the plaintiffs have no right to construct a fence across it. The defendants may park on the portion of the driveway on their land. They may not park on or block any portion of the driveway on the plaintiffs’ land. The defendants have no obligation to shovel the easement unless they are using it and that use causes wheel tracks, ruts or ice. They have an overall obligation to repair and maintain the driveway in the easement area, but there is no need for such repair and maintenance work at the present time. Whatever cracks or other defects presently exist are minor, and do not affect the use or overall appearance of the driveway.

The remainder of the parties’ claims are dismissed, without prejudice, since they are beyond this court’s subject matter jurisdiction.

SO ORDERED.

By the court (Long, J.)