Plaintiffs Susan Rufo, as Trustee of the 17 Shanley Street Condominium Trust and the 11 Shanley Street Condominium Trust, and 17 Shanley Street LLC (collectively, Rufo) initiated this action on July 8, 2013, by filing a Verified Complaint seeking a declaratory judgment that a Cross Easement and Use Agreement (Agreement) entered into by Rufo and Stephen M. Chapman, principal of Defendant Washington Oak Square Limited Partnership (Washington Oak), is valid and enforceable. [Note 1] Rufo also seeks a declaration that the Agreement was not revoked by Defendants recording of an instrument titled Revocation of Easement and Use Agreement (Revocation) dated May 2, 2013. [Note 2] Alternatively, should the court determine the Agreement is unenforceable, Rufo seeks a declaratory judgment that Rufo has acquired ownership of the portion of Defendants property at issue through adverse possession, or that she has established a prescriptive easement allowing her, and those acting by through and under her, to park.
On July 24, 2013, the court granted a preliminary injunction, ordering the parties to comply with the terms of the Agreement until this matter concluded, or until further order of the court, and further ordering Washington Oak to remove all obstructions to Plaintiffs access to the parking spaces.
Two days of trial took place on January 8 and 9, 2015. A decision of todays date has issued. In accordance with that decision, it is hereby:
ADJUDGED and DECLARED that the Agreement is not valid or enforceable and the easements purportedly granted therein do not affect the title to the properties owned by the parties to this litigation or the parties named in the Agreement; it is further
ADJUDGED and DECLARED that Washington Oak validly revoked the Agreement and the Agreement is null and void and of no force and effect; it is further
ORDERED that the preliminary injunction issued by this court on July 24, 2013, is dissolved, but the effective date of that dissolution is October 9, 2015; and it is further
ORDERED that an attested copy of this judgment may be recorded with the Suffolk County Registry of Deeds upon payment of applicable recording fees.
[Note 1] On April 10, 2013, the Agreement was recorded with the Suffolk County Registry of Deeds in Book 51268, at Page 106.
[Note 2] Recorded in Book 51388, at Page 1.