In this action commenced August 3, 2007 with the filing of a complaint by Clifford J. Martin (Martin), Martin claims that defendant Simmons Properties, LLC (Simmons) has interfered impermissibly with Martins granted rights and easements, established as a matter of registered title as appurtenant to his property, which is shown as Lot 3A on this courts Plan No. 6199J. Martins Lot 3A has a street address of 200(Rear) Boston Avenue, and is at the Medford - Somerville municipal line. Martin also asks this court to decide whether Simmons registered easement, granting Simmons the right to use the portion of Way E on Martins property, is extinguished, and whether Way E was intended by the original parties to Document 166939, registered with this courts Middlesex (South District) Land Registration District (District), the document granting easement rights to the land owned by the parties to this suit, known as Lots 3A, 4A, 10 and 12, extend into the area referred to as the Unhatched Area. [Note 1]
The court heard cross-motions for summary judgment, on which the court (Piper, J.) issued an Order (Summary Judgment Order) on January 12, 2009. This case then came on for trial to the court (Piper, J.) which, in a decision (Decision) dated the date of this Judgment has made findings of fact and rulings of law. In accordance with the Summary Judgment Order, and with the Decision issued today, it is:
ORDERED and ADJUDGED that Martin, as registered owner of Lot 3A, has and is entitled to the benefits of all easements enumerated in his outstanding certificate of title issued by the District, Transfer Certificate of Title No. 128860, including those easements set forth in Document No. 166939, as being for the benefit of Lot 3A. It is further
ORDERED and ADJUDGED that Martins claims of trespass and nuisance are time barred, lie outside the subject matter jurisdiction of this court, and are DISMISSED. It is further
ORDERED and ADJUDGED that Martin, as registered owner of Lot 3A, has no easement, and no other property right or interest, in, to, or over the Unhatched Area. It is further
ORDERED and ADJUDGED that Simmons, as current registered owner of its lands (Lot 4A on Land Court Plan No. 6199J, Lot 1B on Land Court 6199H, and Lot 20 on Land Court Plan No. 6199O, all to the extent and as more particularly set forth in the Decision), has and is entitled to the benefits of all easements enumerated in Simmons outstanding certificates of title issued by the District, Transfer Certificates of Title Nos. 226844 and 226845, as being for the benefit of Simmons lands, including without limitation the easement for the use of Way E passing over Lot 3A, that easement not having been extinguished or abandoned. Way E runs over the soil and is not dependent on the presence on Lot 3A of a platform. It is further
ORDERED and ADJUDGED that the current use, configuration, and improvement of Way A does not constitute unreasonable, impermissible, or unlawful interference by Simmons with Martins current and reasonably foreseeable exercise of his easement rights in and to Way A, and Simmons has no liability to Martin for or in connection with the current use, configuration, and improvement of Way A, nor any legally enforceable obligation to remove or reconfigure any improvements or other features currently present within the limits of the area denominated as Way A on Land Court Plan 6199J. It is further
ORDERED and ADJUDGED that Martins claims that Simmons be ordered to remove, or otherwise be held liable in connection with, fill which may have been placed on Lot 3A and Ways A and E are time barred and are DISMISSED. It is further
ORDERED and ADJUDGED that Martins claims that Simmons has unlawfully interfered with Martins easement rights concerning the six-inch fire sprinkler pipe, the one and one-quarter inch domestic water pipe, the four-inch sewer line, and the eighteen and twenty-four inch drains are time barred and are DISMISSED. It is further
ORDERED and ADJUDGED that Martin take nothing on his complaint. It is further
ORDERED and ADJUDGED that no damages, costs, fees, or other amounts are awarded to any party.
[Note 1] Terms used in this Judgment have, unless otherwise provided herein, the meanings assigned to them in the Decision of even date issued by the court.