ANDREW PUTNEY and KIMBERLY A. PUTNEY v. JOSEPH G. O'BRIEN and SINEAD O'BRIEN.

Plaintiffs Andrew and Kimberly A. Putney initiated this lawsuit on November 14, 2014, seeking a declaration that they have a prescriptive easement to continue draining surface water onto Joseph G. and Sinead O'Briens' neighboring property via an existing drainage system which outlets through a pipe in the stone wall which separates the Parties' two properties. They also sought to have the O'Briens enjoined from blocking that pipe outlet. The O'Briens answered and counterclaimed on December 9, 2014, alleging trespass and nuisance arising from the allegedly unauthorized channeling of water onto their property.

A trial was held on November 29, 2017. Six (6) witnesses testified for the Plaintiffs: Plaintiffs Kimberly Putney and Andrew Putney; Michael Segien, a former resident of Defendants' property; Dean Presutti, a former owner of Plaintiffs' property; Paul Clinton, a long- time neighbor; and Steven Bernstein, P.E., who was qualified and admitted as an expert witness. Only Defendant Joseph O'Brien testified for the Defendants.

The Parties agreed to eight facts prior to trial. [Note 1] At trial, a total of fifty-four agreed exhibits were admitted into evidence. A view took place on April 26, 2018. On May 31, 2018, the Parties filed their respective proposed findings of fact and rulings of law together with post-trial briefs, at which time the court took the matter under advisement.

Now, in accordance with the findings of fact and rulings of law set forth in the Decision dated November 27, 2018 and issued herewith, it is hereby:

ORDERED, ADJUDGED, and DECLARED that the Plaintiffs have a prescriptive easement, appurtenant to the property at 41 Glen Forest Drive in Boxford, Massachusetts, to channel through the existing HDPE pipe outlet onto the property at 15 Balmoral Drive in Boxford, Massachusetts, the naturally accumulated surface water collected in the drainage system on the property at 41 Glen Forest Drive; and it is further,

ORDERED, ADJUDGED, and DECLARED that such prescriptive easement does not include the right to discharge through the existing HDPE pipe outlet any additional water channeled directly into the 41 Glen Forest Drive drainage system from other sources, including the Plaintiffs' basement sump pump, pool, or roof gutters; and it is further,

ORDERED that the Plaintiffs, and their successors and agents, are hereby permanently enjoined from overburdening the prescriptive easement by discharging through the HDPE pipe outlet any additional water channeled directly into the 41 Glen Forest Drive drainage system from other sources, including the basement sump pump, pool, or roof gutters on the 41 Glen Forest Drive property; and it is further,

ORDERED that the Defendants shall forthwith remove the cement which they placed in the HDPE pipe outlet, and the Defendants, and their successors and agents, are hereby permanently enjoined from interfering with the flow of water through said outlet; and it is further,

ORDERED that upon payment of all required fees, this Judgment or a certified copy of this Judgment, may be recorded in the Essex South Registry of Deeds and marginally referenced on all relevant documents.

SO ORDERED.