SARAH A. KENT v. ROMA III, LTD., ROMA VENTURE I, INC., and ROMA VENTURE II, INC.

In her Complaint for declaratory and injunctive relief, Plaintiff Sarah A. Kent ("Kent") seeks to have Defendants Roma III, Ltd., Roma Venture I, Inc., and Roma Venture II, Inc. (collectively, "Roma") enjoined from overloading certain access and utility easements located over her property to serve a new dwelling located partly on after-acquired land to which those easements are not appurtenant. She also seeks to have certain of the easements extinguished, and to have Roma's purported conveyance of the easements to itself for the benefit of the after- acquired land declared null and void.

Kent is the owner of property identified as 133 Granite Street, Rockport, Massachusetts (the "Kent Property"), which is burdened by the subject easements. Roma owns an adjacent lot at 129 Granite Street in Rockport, which Roma created in 2012 by combining two formerly separate lots: one with a former street address of 133R Granite Street, Rockport (the "133R Lot") and one which originally had the 129 Granite Street address (the "Original 129 Granite Street Lot") (together, "the Combined Lot"). Roma acquired the Original 129 Granite Street Lot in 2011, and acquired the 133R Lot in 2012. The 133R Lot was comprised of two parcels, Lot B and Lot C'. The subject easements were granted by Kent's predecessors in title for the benefit of Lot B. In the 2012 deed conveying the Combined Lot to itself, however, Roma purported to convey a single parcel labeled on a survey plan as "Combined parcels, Map 16, Lots 56 and 57," together with the rights to use the right of way and utility easements and all other easements, rights and benefits Roma held on the granted premises. The referenced survey plan does not depict former Lot B. Roma has subsequently obtained permits for, and commenced construction of, a large new single-family dwelling on the Combined Lot, such that it straddles the former property line between the Lot B portion of the 133R Lot and the Original 129 Granite Street Lot. In doing so, Roma claims that the access and utility easements which had been granted by Kent's predecessors in title as appurtenant to the former Lot B, may now be used to serve the Combined Lot.

On June 4, 2014, Kent moved for summary judgment on her declaratory and injunctive relief claims, arguing that Roma's use of the easements to serve the Combined Lot constitutes a per se overloading because Roma is or will be using the easements to benefit so-called "after- acquired" land in contravention of settled Massachusetts Law. On July 21, 2014, Roma opposed the motion, and on October 31, 2014, Kent filed a reply brief. The court held a summary judgment hearing on November 17, 2014, and took the matter under advisement. While the matter was under advisement, a stay was issued in the case on November 19, 2015, pending the SJC's decision in Taylor v. Martha's Vineyard Land Bank Comm'n, SJC-11963. The SJC's decision, reported at 475 Mass. 682 (2016), issued October 11, 2016.

On November 23, 2016, this court issued a Decision on Plaintiff's Motion for Summary Judgment (the "Decision"). In accordance with the Decision, it is hereby:

ORDERED, ADJUDGED, and DECLARED that the Access Easement [Note 1] and the Utility Easement [Note 2] are appurtenant only to the land formerly known as Lot B [Note 3] and that, absent consent of the owner of the servient estate, the use of said Access Easement or said Utility Easement to service, access, or otherwise benefit the Original 129 Granite Street Lot, [Note 4] the Combined Lot, [Note 5] or any building, structure, or use located thereon that is not wholly located within the boundaries of the land formerly known as Lot B, constitutes an impermissible overloading of those Easements; and it is further

ORDERED, ADJUDGED and DECLARED that notwithstanding the language in the deed recorded with the Essex (South) Registry of Deeds (the "Registry") at Book 32077, Page 427 purporting to convey the Combined Lot "together also with the rights to use the 15 foot right of way and 10' wide right of way & utility easement and all other easements, rights and benefits held by the said grantor on the granted premises," said deed shall not be construed to expand the rights to use the Access and Utility Easements appurtenant to the land formerly known as Lot B in order to serve the Original 129 Granite Street Lot, the Combined Lot, or any building, structure, or use located thereon that is not wholly located within the boundaries of the land formerly known as Lot B; and it is further

ORDERED, ADJUDGED and DECLARED that neither the construction of a dwelling on the Combined Lot, nor the demolition of the dwellings originally located on the land formerly known as Lot B, result in an extinguishment of the Access Easement and Utility Easement appurtenant to the land formerly known as Lot B; and it is further

ORDERED and ADJUDGED that Roma III, Ltd., Roma Venture I, Inc., Roma Venture II, Inc., and their respective agents, employees, successors, and assigns, including, without limitation, any and all current or future owners, occupants, tenants, and licensees of, and any invitees to, the Original 129 Granite Street Lot or the Combined Lot, are hereby permanently restrained and enjoined from using any portion of the Access Easement or any portion of the Utility Easement to service, access, or otherwise benefit the Original 129 Granite Street Lot, the Combined Lot, or any building, structure, or use located thereon that is not wholly located within the boundaries of the land formerly known as Lot B, without the express written consent of the owner of the servient estate; and it is further

ORDERED and ADJUDGED that upon the payment of all required recording fees, this Judgment or an attested copy of this Judgment, may be recorded in the Essex (South) Registry of Deeds, and there may be marginally referenced on any relevant instruments.

SO ORDERED.