JOHN STACK and CAROL STACK v. ANTHONY D'AMBROSIO, as Trustee of the Lot Two Gray Street Realty Trust.

Plaintiffs John and Carol Stack filed a two-count Complaint against defendant Anthony D'Ambrosio, as Trustee of the Lot Two Gray Street Realty Trust, in April 2017. Count I sought a declaratory judgment under G.L. c. 231A, § 1, and Count II sought to quiet the Stacks' title to a portion of so-called Capodilupo Lane. The Lane is depicted on a 1999 subdivision plan approved by the Billerica Planning Board in January 2000 and recorded at the Middlesex North Registry of Deeds in Plan Book 203, Plan 42 (the "1999 Plan"). Both Counts sought three declarations: that (1) the Stacks own a fee interest in that portion of the Lane that abuts the Stacks' property at 102 Gray Street, by operation of the Derelict Fee Statute, G.L. c. 183, § 58; (2) any easement over the Lane that is appurtenant to Lot 2 on the 1999 Plan (of which Trustee D'Ambrosio is the current owner) is limited to access to one house on Lot 2; and (3) the Trustee's proposed construction of twenty homes on Lot 2, with access via the Lane, would overburden Lot 2's easement over the Lane.

Trustee D'Ambrosio answered the Complaint on May 8, 2017. He amended his answer on May 23, 2017 and included a counterclaim for a declaratory judgment that Lot 2 has an easement either by grant, estoppel, or necessity over the Lane, and that the Trustee has the right to use the easement for all purposes for which ways in the Town of Billerica may be used.

In March 2018, the Stacks moved for summary judgment on the issue of whether they owned the fee interest in that portion of the Lane that abuts 102 Gray Street. In April 2018, the Trustee opposed the Stacks' motion and cross-moved for a summary judgment dismissing all of the Stacks' claims. On May 21, 2018, the Court granted the Stacks' motion for partial summary judgment and denied the Trustee's cross-motion for summary judgment. Nevertheless, with the assent of the Stacks, the Court granted summary judgment to the Trustee on his counterclaim.

The parties proceeded to trial on the Stacks' remaining claims. In accordance with this Court's Findings of Fact and Conclusions of Law this same date, this Court ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of John and Carol Stack, and AGAINST Anthony D'Ambrosio, as Trustee of the Lot Two Gray Street Realty Trust, with respect to those portions of the Stacks' Complaint that seek a declaration concerning the Stacks' ownership of a fee interest in the portion of Capodilupo Lane that abuts the Stacks' property at 102 Gray Street in Billerica, Massachusetts.

B. The Stacks and their successors in interest to 102 Gray Street (depicted as Lot 1 on a 1999 subdivision plan approved by the Billerica Planning Board in January 2000 and recorded at the Middlesex North Registry of Deeds in Plan Book 203, Plan 42 (the “1999 Plan”)) own a fee interest in the land beneath so-called Capodilupo Lane, as depicted on the 1999 Plan, for the entirety of the Lane as it abuts Lot 1.

C. The Court DISMISSES the Stacks' requests in their Complaint for declarations that (1) any easement over Capodilupo Lane that is appurtenant to Lot 2 as shown on the 1999 Plan is limited to access to one house; and (2) Trustee D'Ambrosio's proposed construction of twenty homes on Lot 2, with access via the Lane, would overburden Lot 2's easement over the Lane.

D. Judgment is hereby entered in FAVOR of Trustee D'Ambrosio and AGAINST the Stacks on the Trustee's Counterclaim.

E. Appurtenant to Lot 2 as shown on the 1999 Plan is an easement over Capodilupo Lane, as shown on the same Plan; that easement may be used for all purposes for which ways in the Town of Billerica may be used.

SO ORDERED.