ARTHUR X. DUFFY, as TRUSTEE of SYLVAN AVENUE REALTY TRUST v. ROBERT M. GERVIS and LAURIE L. GERVIS.

A Decision and Judgment issued August 10, 2018, both of which have been the subject of Plaintiff's Motion to Amend (and Defendants' opposition.) This court today has issued an Order granting, in part, Plaintiff's motion, and this Amended Judgment reflects and incorporates the rulings set forth in the Order.

At issue in this case is whether Defendants (Defendants or Gervis) may use a right-of-way easement (Right of Way) located on property owned by Plaintiff (Plaintiff or Duffy). The parties own adjacent residential properties in West Newton. Plaintiff's property comprises both registered and recorded land, over which the Right of Way crosses. He contends that his property is not subject to any rights in favor of Defendants. The property owned by the Gervises comprises several parcels of land which are shown approximately on the attached Sketch, along with the Duffy Property, for reference.

In accordance with the Decision, and utilizing the designations given to the properties involved in the Decision and shown on the Sketch attached hereto, it is hereby

ADJUDGED, ORDERED and DECLARED Defendants, as owners of the Triangle Lot and the Driveway Lot, two of the three lots comprising Gervis Parcel 1, have rights in and over the Right of Way on the registered portion of the Duffy Property to benefit the Triangle Lot and Driveway Lot; it is further

ADJUDGED, ORDERED and DECLARED Defendants, as owners of both the House Lot (the third lot comprising Gervis Parcel 1), and Gervis Parcel 2, do not have appurtenant rights in and over the Right of Way on the registered portion of the Duffy Property appurtenant to either the House Lot or Gervis Parcel 2. This is so because Charles E. Gibson's purported reservation of rights in the Right of Way in December 1916, to benefit his wife, Helen K. Gibson, then owner of the House Lot and Gervis Parcel 2, was not effective; it is further

ADJUDGED, ORDERED and DECLARED that Defendants' use of the Right of Way for access to benefit the House Lot portion of Gervis Parcel 1 and Gervis Parcel 2 impermissibly overloads the Right of Way as a matter of law; it is further

ADJUDGED and ORDERED Defendants, and their agents, representatives, servants, employees, attorneys, and all persons acting in concert with them, and each of them, are permanently enjoined and restrained from overloading the 10' wide Right of Way located along the northern boundary of Plaintiff's land by using the Right of Way for access to the House Lot and/or Gervis Parcel 2; it is further

ADJUDGED, ORDERED and DECLARED that the stone wall at issue in this case is located on the Duffy Property; and it is further

ORDERED a certified copy of this Judgment, together with the attached Sketch may be recorded and registered with the Middlesex Registry of Deeds upon the payment of applicable fees.

By the Court.

exhibit 1