This cause came to be tried and a decision of even date entered. By prior Order, this court Allowed the Plaintiffs Motion for Partial Summary Judgment and Denied the Defendants Cross-Motion for Partial Summary Judgment.
In accordance therewith, it is hereby
ORDERED, ADJUDGED and DECLARED that the Plaintiffs each own a fee interest to the centerline of the private 15 Disputed Way [Note 1] to the extent the said Disputed Way abuts their respective properties. It is further
ORDERED, ADJUDGED and DECLARED that the Defendants possess no ownership rights in the said Disputed Way nor do they enjoy any express easement rights therein.
It is further
ORDERED, ADJUDGED and DECLARED that there is appurtenant to the real property at 15 Corliss Way Eastham, Massachusetts an easement of access by prescription to the waters of the Town Cove. Said easement by prescription extends over the Disputed Way and includes (a) the right to maintain no more than a single trot line on the shore beyond the Disputed Way and below the steps for purposes of storing and launching a single dinghy and (b) the right to park no more than a single automobile on the Disputed Way for the sole purpose of accessing and utilizing that dinghy.
By the Court.
[Note 1] See Decision of even date for a detailed description of the Disputed Way at issue.