Home TERRANCE FLYNN and DIANE FLYNN v. MICHAEL A. COLARUSSO, JR. and HEIDI A. (SMITH) COLARUSSO.

MISC 11-444292

January 30, 2014

Essex, ss.

Long, J.

JUDGMENT

For the reasons set forth in the court’s Decision of this date, it is ORDERED, ADJUDGED and DECREED: (1) the Flynns have the right to use the easement for access by vehicle and by foot to the rear of their property, (2) the Flynns may not park their vehicles or any vehicles owned by their tenants or visitors within the easement, (3) the Colarussos may make all use of their property so long as that use does not unreasonably interfere with the Flynns’ right to pass and repass over the easement by vehicle and by foot, (4) as stipulated by the parties at trial, the Flynns will move their fence so it is consistent with the record boundary as shown on Ex. 1 (attached to this Judgment), and the Colarussos will remove the portion of their fence that encroaches into the easement as soon as practicable.

Additionally, the following relief entered by the court on December 17, 2013 while this case was under advisement, remains in effect and is incorporated into this Judgment: (1) the Colarussos must hire, at their own expense, a surveyor to re-survey the property, to mark the property boundary, and to paint a line on the surface of the newly paved area delineating the location of the easement, and (2) the sections of the newly erected fence and gate that encroach into the easement area or onto the Flynns’ property must be removed at the Colarussos’ expense as soon as practicable.

SO ORDERED.