Plaintiffs filed their Verified Complaint on December 4, 2012, pursuant to G. L. c. 231A, § 1, seeking a declaratory judgment relative to a deeded view easement (the View Easement) over property located at 15 Spray Avenue, Marblehead, MA (Defendant Property) for the benefit of property located at 10 Spray Avenue, Marblehead, MA (Plaintiff Property), and pursuant to G. L. c. 185, § 1(k), claiming a prescriptive easement relative to the View Easement. On the same day, Plaintiffs also filed a Motion for Lis Pendens. Defendants filed their Answer on January 2, 2013, alleging that the View Easement has been terminated. A case management conference was held on January 3, 2013, at which time Plaintiffs filed a Motion to Amend Verified Complaint to substitute Plaintiffs, which was allowed. [Note 1] Defendants filed their Answer to Amended Complaint on January 23, 2013. This court allowed Plaintiffs Motion for Lis Pendens on January 31, 2013.
On September 13, 2013, Defendants filed their Motion for Summary Judgment, together with supporting memorandum. [Note 2] Plaintiffs filed their Cross-Motion for Summary Judgment on October 15, 2013, together with supporting memorandum and Appendix. [Note 3] On October 25, 2013, Defendants filed their Reply Brief. A hearing on all of the motions was held on November 18, 2013, and the matter was taken under advisement. A decision of todays date has been issued (the Decision). In accordance with the Decision, it is hereby:
ORDERED and ADJUDGED that the View Easement was extinguished through the merger of title of Plaintiff Property and Defendant Property in 1911.
ORDERED and ADJUDGED that the View Easement was re-created by the Agreement dated October 31, 1919, executed by Charles H. Traiser and registered with the Registry as Document 6629 on Certificate of Title No. 900 (the Agreement) and the deed dated the same day and registered with the Registry as Document 6630 on Certificate of Title No. 900 that conveyed Defendant Property to Arthur E. Spencer (the 1919 Deed), but that the View Easement was extinguished by Traisers conveyance of Plaintiff Property to Finnegan by deed dated May 19, 1934, and recorded with the Registry in Book 2993, Page 181 (the 1934 Deed).
ORDERED and ADJUDGED that Plaintiffs could not obtain the View Easement by prescription.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is DENIED and Defendants Motion for Summary Judgment is ALLOWED.
[Note 1] The Amended Complaint substituted Tobias F. Danforth and Alison Alden as Trustees of the Tobias F. Danforth Revocable Trust (the Revocable Trust) for the individual Plaintiffs. The Revocable Trust is dated December 22, 2008, and recorded with the Essex South District Registry of Deeds (the Registry) in Book 28806, Page 485.
[Note 2] Defendants had filed their Statement of Undisputed Facts on August 7, 2013.
[Note 3] Plaintiffs had filed their Statement of Additional Material Facts on August 12, 2013.