Plaintiffs wish to relocate an express easement (Existing Easement) running across their residential property in Osterville. Defendant Douglas E. Hart, as Trustee of Eel River Road Realty Trust, and W. Frederick Uehlein and Diana Uehlein (Uehleins), as Trustees of 109 Eel River Road Nominee Trust (collectively Defendants), use the Existing Easement as the sole means of access to their separate residential properties.
Plaintiffs initiated this action on August 2, 2016 seeking the court's declaration, pursuant to G. L. c. 231A, that they may relocate the Existing Easement to a specific new location (Proposed Easement) in accordance with the criteria established in M.P.M Builders, LLC v.
Dwyer, 442 Mass. 87 (2004). Defendants counterclaimed, seeking a declaration denying Plaintiffs' right to do so, claiming the Proposed Easement does not comply with the criteria adopted by the Supreme Judicial Court in the M.P.M. Builders case.
Five days of trial were held in November and December 2017, and the court took a view of the parties' properties. A decision of today's date has issued in favor of Defendants, finding and holding that Plaintiffs failed to demonstrate the Proposed Easement complies with the criteria in M.P.M. Builders. In accordance with that decision, it hereby is
ADJUDGED, ORDERED and DECLARED that Defendants' Existing Easement in and over Plaintiffs' property remains in full force and effect and may be used by Defendants in accordance with its express terms in its current location and may not be relocated to the location shown as the "Proposed Easement" on the plans submitted to the court by Plaintiffs at trial.
By the Court.
WILLIAM RANDON and PAMELA RANDON v. ELIZABETH KILEY-LADD and DOUGLAS E. HART, as TRUSTEES OF EEL RIVER ROAD REALTY TRUST, and W. FREDERICK UEHLEIN and DIANA UEHLEIN, as TRUSTEES OF 109 EEL RIVER ROAD NOMINEE TRUST.