LINDA B. ZELTZER v. NANCY F. TALBOT AS TRUSTEE OF THE NANCY F. TALBOT 1998 TRUST.

The parties in this action own residential properties in the Prospect Hill subdivision (Subdivision) in Chilmark. Plaintiff Linda B. Zeltzer (Plaintiff) seeks a declaratory judgment that she has an affirmative view easement in her favor over the property of Defendant Nancy F. Talbot, as Trustee of the Nancy F. Talbot 1998 Trust (Defendant), by virtue oflanguage set forth in a protective covenant agreement affecting the rights and obligations of all lot owners in the Subdivision.

The case came before the court on cross-motions for summary judgment and a decision in Defendant's favor has issued. In accordance with that decision, it hereby is

ADJUDGED and DECLARED Plaintiff, as owner of property known as and numbered 24 Cranberry Hill Road, Chilmark, does not enjoy any affirmative view easement rights over property owned by Defendant !mown as and numbered 30 Pinkletink Road, Chilmark (Lot 1 on Plan 1679B, Sheet 1), by virtue of language set forth in a Protective Covenant registered with the Dukes County Registry District of the Land Court on July 26, 1968, as Document No. 6135, noted on Certificate of Title No. 2967 (Protective Covenant); and it is further

ADJUDGED and DECLARED Plaintiff has no right to enter Defendant's Property to trim, top, or remove trees under the Protective Covenant or otherwise.

By the court