RICHARD ZYGALA v. JOSEPH PIKE and RENEE PIKE

Plaintiff Richard Zygala and Defendants Joseph Pike and Renee Pike are neighbors in Winthrop, Massachusetts. Their residential properties lie in a tandem arrangement, with Plaintiff's lot situated directly behind the Defendants' lot. Plaintiff's lot has no frontage, but has access to the public way via a ten-foot wide right of way easement of record across the Defendants' lot, as shown on a recorded, 1931 Plan. The right of way easement area is presently improved with a narrow, concrete walkway. The Plaintiff seeks a declaration of his rights to grade and pave the right of way easement area to provide a driveway for vehicular access to his lot. The Defendants contend that the right of way easement is limited to pedestrian access only, over the existing walkway.

A one-day trial was held on December 12, 2016. Following the receipt of trial transcripts, and the Parties' respective post-trial memoranda and requests for findings of fact and rulings of law, the court took the matter under advisement on February 2, 2017. On May 29, 2018, the court issued its Trial Decision. In accordance with that Decision, it is hereby:

ORDERED, ADJUDGED, and DECLARED that Lot B has the benefit of an express right of way easement of record across the Defendants' Lot A that is not limited in its scope by the terms of the grant, and is thus available for all purposes as are reasonably necessary to the full enjoyment of Lot B, including use of the right of way for vehicular access to and from Washington Avenue; and it is further

ORDERED, ADJUDGED, and DECLARED that the right of way easement rights appurtenant to Lot B also encompass the right to make improvements to the right of way, as will reasonably adapt it to use as a vehicular driveway to serve Lot B.

SO ORDERED.