GIOMBETTI CLUE PROPERTIES, LLC v. JOSEPH DIFRONZO, individually and as TRUSTEE OF E.M.L. REALTY TRUST.

This cause came to be tried and a Decision of even date entered. In accordance therewith, it is hereby

ORDERED, ADJUDGED and DECLARED that there is appurtenant to the property at 14 Mt. Pleasant Street, Milford, Massachusetts an easement by prescription over the “Disputed Driveway Area” as depicted on Exhibit A [Note 1] which is appended to the Decision of even date and labeled as “Bit. Conc. Driveway”. The said prescriptive easement is for purposes of vehicular access and/or parking on only so much of the Disputed Driveway Area that extends to a point even with the far edge of the concrete steps located just beyond the 14 Mt. Pleasant Street Dwelling. The prescriptive easement is also for purposes of pedestrian or foot access over any portion of the Disputed Driveway Area. [Note 2] It is further

ORDERED and ADJUDGED that the defendant, whether in his capacity as trustee or in his individual capacity possesses neither adverse nor prescriptive rights in any portion of the Disputed Fence Area. [Note 3] It is further

ORDERED and ADJUDGED that the counterclaim of the defendant, the plaintiff in counterclaim, is hereby DISMISSED.

By the court