DAVID M. FERRIS and ANA SALCEDA FERRIS v. DAVID BERNSTEIN.

For the reasons set forth in the court's Decision of this day, it is ORDERED, ADJUDGED and DECLARED that the plaintiffs David and Ana Ferris have a prescriptive easement over defendant David Bernstein's land at 33 Seconsett Point Road in Mashpee for access to their home. That easement is along the far eastern edge of Mr. Bernstein's land and is ten feet wide (i.e., the western boundary of the easement is a uniform 10 feet measured from Mr. Bernstein's eastern boundary line, and its eastern boundary is the line abutting the Ferris property), with the availability of an additional three feet on the west when needed to pull over when encountering oncoming cars. The Ferrises do not have the right to use any more of Mr. Bernstein's land than that ten-foot width in that location and, if they are on the easement when a vehicle is coming from the opposite direction and need to pull over to allow it to pass, to use the additional three feet to do so. They have the right to maintain and improve the grading and graveling of the roadway within that ten-foot width. But they do not have the right to pave it unless and until Mr. Bernstein agrees that they may do so. Mr. Bernstein must keep the additional three feet open and unobstructed.

SO ORDERED.