Home MARK FANTONI, et al, v. SHAY ASSAD, CHRISTINE ASSAD, JONATHAN KEITH, KRISTEN KEITH, FREDERICK SEVERANCE, RALPH IANNUZZI and ANA IANNUZZI.

MISC 12-465209

July 13, 2015

Plymouth, ss.

LONG, J.

JUDGMENT

For the reasons set forth in the CourtÂ’s Decision of this date, the claims against defendants Shay and Christine Assad and Jonathan and Kristen Keith having already been settled, leaving only the claims against Frederick Severance [Note 1] and Ralph and Ana Iannuzzi to be resolved and the merits of those claims having now been fully tried, it is ORDERED, ADJUDGED and DECREED that none of the plaintiffs have an implied easement over any of the land owned by Mr. Severance or the Iannuzzis, but that all of the plaintiffs, except for Vera Vivian as Trustee of the Vera Vivian Nominee Trust and Emily Paul, have an appurtenant easement by prescription to walk, hand-carry objects, push strollers and bicycle over the western four foot-wide portion of Shellheap Road in the areas owned by Mr. Severance and the Iannuzzis, measured from the western edge of that road.

SO ORDERED.


FOOTNOTES

[Note 1] Mr. Severance was duly served but never appeared in this action. This Judgment is thus entered against him as a default judgment.