This action was filed in this court on January 11, 2006. In this case, the parties ask the court to adjudicate what rights of easement, if any, the plaintiffs, Elizabeth Murphy, individually and as Trustee of the Three Eagles Nest Road Nominee Trust, Edward OBrien, Eileen OBrien, Edward Corbo, Virginia Doherty, and Paul Kelly (collectively the Plaintiffs), as owners of land along a way known as Eagles Nest Road in Scituate, Plymouth County, have to use the land of the Defendants, Kenneth J. Conway and Carol A. Conway, individually and as Trustees of the Windmill Trust, located at 15 Eagles Nest Road. Defendants land is that described in the deed to them dated November 25, 2003, from Carol J. Mack and John H. Trefrey, III, which is recorded with the Plymouth County Registry of Deeds (Registry) at Book 27216, Page 115. Defendants land is that shown as Lots 6, 7, 8, and 9 on a plan entitled Plan of Land in Scituate, Mass. belonging to George F. Welch and Thomas F. McManus dated April 1911 and prepared by George H. Wetherbee Jr., Civil Engineer, which is recorded in the Registry in Plan Book 1 at Page 666; Defendants own the fee in the full width of Eagles Nest Road, as shown on the 1911 Plan, lying to the south of their Lots 6, 7, 8, and 9 on that plan.
This case came on to be heard on a motion for partial summary judgment filed by Defendants as to the claims of the Plaintiffs other than Elizabeth Murphy; the court (Piper, J.) after hearing on August 23, 2007, granted that motion for partial summary judgment.
This case came on to be tried to the court. In a decision of even date, the court (Piper, J.) has made findings of fact and rulings of law.
In accordance with the courts ruling on the motion for partial summary judgment and with the decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the Defendants hold their title to their land, including that shown as Lots 6, 7, 8, and 9 on the 1911 Plan, as well as the portion of Eagles Nest Road lying to the south of Lots 6, 7, 8, and 9 on the 1911 Plan, free of any right, title or interest of the Plaintiffs, including any easement however claimed or described, including without limitation any easement set forth in the deed to George Kingsbury dated December 23, 1911 which is recorded in the Registry at Book 1109, Page 143. It is further
ORDERED AND ADJUDGED that, within sixty days of this Judgment becoming final, Defendants pay to plaintiff Elizabeth A. Murphy good funds in the amount of $4,900.00. It is further
ORDERED AND ADJUDGED that, except as set forth in the preceding paragraph, no damages, costs, fees, or other amounts are awarded to any party.
By the Court. (Piper, J).
ELIZABETH A. MURPHY, Individually and as Trustee of the 3 Eagles Nest Road Nominee Trust; EDWARD OBRIEN; EILEEN O'BRIEN, EDWARD CORBO; VIRGINIA DOHERTY; and PAUL KELLY v. KENNETH J. CONWAY and CAROL A. CONWAY, Individually and as Trustees of The Windmill Trust