JOHN W. BAKER, Trustee of N/L Real Estate Trust v. TOWN OF PLYMOUTH.

John W. Baker, as Trustee of N/L Real Estate Trust (Baker) filed his complaint in this action on June 26, 2014. On October 29, 2014, the Court allowed Plaintiff’s First Motion to Amend Complaint, deeming the amended complaint filed (Complaint). Baker’s complaint has eight counts. In the complaint, Baker seeks to establish rights for the benefit of the property owned by Baker shown as Lots A1 through A5 as shown on Subdivision Plan No. 2047-C dated May 10, 1933, filed in the Plymouth Registry District (registry) with Certificate of Title No. 4984, which he acquired by deed from Richard S. Doherty, filed with the registry on January 15, 2010 in Book 571, Page 40, with Certificate of Title No. 114241 (the Baker Property), over property owned by the defendant Town of Plymouth (Town) shown as Lots B and C on Subdivision Plan No. 2047-B, dated October 4, 1911, and filed in the registry with Certificate of Title No. 194, which the Town acquired by a deed dated October 6, 1911, filed with the registry on October 27, 1911 in Book 1, Page 380, with Certificate of Title No. 195, and by a deed from Kate Murray filed with the registry on April 25, 1926 in Book 10, Page 1, with Certificate of Title No. 2001 (the Town Land). On October 29, 2014, the Court allowed Defendant’s Motion to Dismiss Counts VI and VII pursuant to Mass. R. Civ. P. 12(b)(1) (Motion to Dismiss), and dismissed Counts VI and VII of the Complaint without prejudice. On February 13, 2015, Baker filed Plaintiff’s Motion for Summary Judgment upon Counts I, II, and III of the Amended Complaint (Plaintiff’s Motion for Summary Judgment), and on March 6, 2015, the Town filed Defendant’s Opposition to Plaintiff’s Motion for Summary Judgment on Counts I, II, and III and Cross-Motion for Summary Judgment on all Counts of the Complaint (Defendant’s Motion for Summary Judgment).

This Motion for Summary Judgment came on to be heard on April 7, 2015. In a Memorandum and Order of even date, the court (Foster, J.) has allowed in part and denied in part the Plaintiff’s Motion for Summary Judgment and the Defendant’s Motion for Summary Judgment.

In accordance with the court’s order allowing the Motion to Dismiss and its Memorandum and Order issued today, it is

ORDERED, ADJUDGED and DECLARED that, on Count II of the Complaint, the Baker Property has the benefit of an implied easement to enter the Town Land by Nelson and Water Streets and cross the Town Land to the sea along a path established by the Town. It is further

ORDERED AND ADJUDGED that Counts I, III, IV, and V of the Complaint are DISMISSED with prejudice. It is further

ORDERED AND ADJUDGED that Counts VI, VII, and VIII of the Complaint are DISMISSED without prejudice. It is further

ORDERED, ADJUDGED and DECLARED that a copy of this Judgment may be filed in the registry and registered with the certificates of title for the Baker Property and the Town Land and entered on the memorandum of encumbrances for the Baker Property and the Town Land.

By the Court.