In this case Bucks Hill Realty, LLC ("Plaintiff" or "Bucks Hill") asks the court to declare the rights it holds, if any, in a private way known as Saddleback Road in Wrentham, Norfolk County. Bucks Hill seeks a declaration that an easement for vehicular passage exists over that way, appurtenant to a parcel owned of record by Plaintiff, and burdening lands owned by the defendants. Plaintiff's land was retained by Plaintiff's predecessor in title when it sold house lots to the defendants or their predecessors. Plaintiff wants to court to establish Plaintiff's rights to use the disputed way to gain access to the retained parcel. Plaintiff contends that it holds those rights expressly, under recorded documents and plans, or, if not, by implication.
Plaintiff brought this action against David J. Gill, Stephen A. Schairer, Grace D. Schairer, Donna MacLure, Kenneth MacLure, Donna Riccardi Gahan, and Richard E. Gahan both as individuals and as members of the Saddle Back Road Homeowners Association ("Defendants"). Defendants each have a title interest in a strip of land ("Saddleback Road" or "Easement B") over which Plaintiff's asserted easement for vehicular passage runs. Saddleback Road leads across the four residential properties of the Defendants, beginning at Spring Street and then heading northward toward Plaintiff's parcel, which Plaintiff says enjoys the benefit of the easement in dispute in this suit. As fee owners of these properties, Defendants are members of the Saddle Back Road Homeowners Association, created by a Declaration of Covenants, Conditions and Restrictions ("Declaration") dated January 10, 1994, and recorded with the Norfolk County Registry of Deeds ("Registry") in Book 10334, Page 326.
The original lots and lot dimensions of the subject properties are shown on a "Plan of Land in Wrentham, Mass., Scale 1" = 100', June 15, 1993" prepared by Stavinsky Engineering Associates, dated June 16, 1993, and recorded with the Registry as Plan 906-1993, in Plan Book 418 ("Plan 906") on December 21, 1993.
A second plan titled "Plan of Land in Wrentham, Mass., Scale 1" = 100', November 2, 1993" and dated November 6, 1993 was recorded with the Registry as Plan 907-1993, in Plan Book 418 ("Plan 907") on Dec 21, 1993.
The land of the Defendants (collectively "Defendants' Land") is that shown as Lot 23HB and Lot 25HB on Plan 906 and as Lot 26HBR and Lot 27HBR on Plan 907. Plaintiff owns a parcel of land ("Plaintiff's Land") shown as Parcel 1HB on Plan 906.
This case was submitted to the court (Piper, J.) as a case stated on an agreed statement of facts and stipulated exhibits and other evidence. In a decision of even date, the court has made findings of fact and rulings of law. [Note 1] In accordance with that decision, it is
ORDERED, ADJUDGED and DECLARED that Defendants hold their title to the Defendants' Land free of any easement or other right of passage held by the Plaintiff or appurtenant to the Plaintiff's Land, including without limitation express easements of record and easements arising by implication. It is further
ORDERED and ADJUDGED that, upon payment of all fees required by law, this Judgment, or a certified copy of it, may be recorded in the Registry, and there may be referenced marginally on the records of the Declaration and of the deeds under which any or all of the parties hold title to their land. It is further
ORDERED and ADJUDGED that no damages, fees, costs, or other amounts, and no other or further relief is awarded to any party. This Judgment disposes of all claims of all parties in this litigation.
By the Court.
BUCKS HILL REALTY, LLC v. DAVID J. GILL, STEPHEN A. SCHAIRER, GRACE D. SCHAIRER, DONNA MACLURE, KENNETH MACLURE, DONNA RICCARDI GAHAN, and RICHARD E. GAHAN, Individually and as Members of the Saddle Back Road Homeowners Association.