ANNIQUE L. DUNNING, f/k/a ANNIQUE DUNNING, CLAUDINE M. HODGES, f/k/a CLAUDINE DUNNING, and JEANNE O. DUNNING v. GEOFFREY S. LARSEN and TRYNTJE LARSEN.
FOSTER, J.
Annique L. Dunning, f/k/a Annique Dunning, Claudine M. Hodges, f/k/a Claudine Dunning, and Jeanne O. Dunning filed their verified complaint on October 9, 2012, naming as defendants Geoffrey S. Larsen and Tryntje Larsen. The defendants filed their Answer on November 27, 2012. A case management conference was held on December 20, 2012, at which the Plaintiffs Motion for Approval of Memorandum of Lis Pendens was allowed. The Plaintiffs Motion to Amend Verified Civil Complaint, making certain minor changes to the verified complaint, was allowed on June 13, 2013.The complaint asserts the following claims: Count I, for prescriptive easement for underground utilities; Count II, for easement by necessity; Count III, for prescriptive easement for access; Count IV, for recovery of costs and legal fees per G.L. c. 187, § 4; Count V, for a declaratory judgment that the plaintiffs have the right to use the path or lane; and Count VI, for a declaratory judgment that the path or lane is a private way which the plaintiffs have the right to use for vehicular access and utilities.
This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED and DECLARED with respect to Count I of the complaint that plaintiffs Annique L. Dunning, f/k/a Annique Dunning, Claudine M. Hodges, f/k/a Claudine Dunning, and Jeanne O. Dunning hold a prescriptive easement, appurtenant to the property known and number as 23 Quail Hill Lane, Orleans, Barnstable County, Massachusetts that they own by a deed dated November 16, 2005 and recorded in the Barnstable Registry of Deeds (registry) at Book 20501, Page 118 on November 23, 2005 (the Dunning Property), as shown on the plan attached hereto as Exhibit A, to install and maintain utilities, including electricity, telephone, water, and cable, under that portion of the property known and numbered as 22 Quail Hill Lane, Orleans, Barnstable County, Massachusetts, owned by Geoffrey S. Larsen and Tryntje Larsen by a deed dated April 1, 1997 and recorded in the registry at Book 10733, Page 171 on May 5, 1997 (the Larsen Property), as shown on the plan attached hereto as Exhibit A, that is shown as a cross-hatched area on the aforesaid attached plan, for the benefit of the Dunning Property. It is further
ORDERED, ADJUDGED and DECLARED with respect to Count III of the complaint that plaintiffs Annique L. Dunning, f/k/a Annique Dunning, Claudine M. Hodges, f/k/a Claudine Dunning, and Jeanne O. Dunning hold a prescriptive easement, appurtenant to the Dunning Property as shown on the plan attached hereto as Exhibit B, to pass over that portion of the Larsen Property as labeled on the aforesaid attached plan, that is shown as a cross-hatched area on the aforesaid attached plan, for vehicular, bicycle, and pedestrian access to and from the Dunning Property. It is further
ORDERED AND ADJUDGED that Counts II, V, and VI of the complaint are DISMISSED with prejudice. It is further
ORDERED AND ADJUDGED that Count IV of the complaint is DISMISSED without prejudice.
By the Court.