Peter R. Teare (Teare) filed a complaint naming as defendants Thomas B. Stockwell, Jr. and Crystal L. Stockwell (the Stockwells) on August 11, 2014 (the complaint). The Stockwells filed the Answer and Counterclaim of Defendants Thomas B. Stockwell, Jr. and Crystal L. Stockwell on February 3, 2015 (counterclaim). The plaintiffs Motion for Summary Judgment was heard and denied on March 17, 2015.
This action 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 that Peter R. Teare holds an easement to pass and repass over the portion of Kristen Lane in Uxbridge, Massachusetts, shown as ROADWAY EASEMENT on Lot #1R as shown on a plan titled Plan of Land in Uxbridge, Mass. dated October 11, 1996, and recorded in the Worcester District Registry of Deeds (registry) on December 9, 1996, Plan Book 711, Plan 42 (the 1996 ANR Plan), for the benefit of lots as shown on the plan titled Definitive Plan of Quarry Hill Estates in Uxbridge, Mass., owned by Quarry Hill Inc. dated September 22, 1987, and revised December 18, 1987, was approved by the Uxbridge Planning Board on March 14, 1988 and recorded in the registry on April 8, 1988, Plan Book 596, as Plan 97 (the Definitive Plan), and lot 10R-1 with frontage on Kristen Lane, as shown on a plan titled Division of Land in Uxbridge, Massachusetts 266 Hartford Avenue West, dated April 14, 2003, and recorded in the registry on August 26, 2003, Plan Book 799, Plan 20 (the 2003 ANR Plan) (hereinafter the Roadway Easement). Copies of the 1996 ANR Plan, the Definitive Plan, and the 2003 ANR Plan are attached hereto. It is further
ORDERED, ADJUDGED and DECLARED that the Stockwells are permanently enjoined from placing cement blocks and telephone poles within the Roadway Easement and are hereby ordered to remove such cement blocks and telephone poles within 30 days of the date of this Judgment. It is further
ORDERED, ADJUDGED and DECLARED that the fence installed by the Stockwells within the Roadway Easement does not currently interfere with Teares use of the Roadway Easement. It is further
ORDERED, ADJUDGED and DECLARED that Teare is permanently enjoined from placing garbage receptacles within Kristen Lane that inhibit the use of Kristen Lane by the Stockwells.
By the Court.