Home ROBERT M. DUGAN and KATHLEEN A. DUGAN v. KATHY L. BOUTIETTE, Individually and in her capacity as Trustee of the JLS Realty Trust, and KARIN M. HOLLAND, as Trustee of the JLS Realty Trust.

MISC 17-000333

June 26, 2018

Plymouth, ss.



Plaintiffs Robert M. and Kathleen A. Dugan filed this action on June 14, 2017. They claimed that they had acquired by prescription an easement over the abutting property ("15 Holmes") of defendants Kathy L. Boutiette and Karin M. Holland, as Trustees of the JLS Realty Trust (the "Trustees"), between the Dugans' property at 13 Holmes Avenue in Carver, Massachusetts ("13 Holmes") and Pine City Street. The Dugans sought a declaration of their rights in the disputed way and an injunction preventing the Trustees from interfering with the Dugans' use of the way.

The Court held a trial in this matter on March 26 and 27, 2018. For the reasons set forth in the Findings of Fact and Conclusions of Law issued this same day, it is hereby

1. ORDERED that judgment shall enter in FAVOR of the Dugans, and AGAINST the Trustees, on the Dugans' Complaint.

2. ORDERED, ADJUDGED, and DECREED that the Dugans and their successors in interest to 13 Holmes have an easement appurtenant to 13 Holmes over an existing paved way that runs over 15 Holmes from Holmes Avenue, immediately adjacent to 13 Holmes, to Pine City Road in Carver, Massachusetts, for access and egress to and from 13 Holmes by vehicles (the "Easement").

3. ORDERED that (a) Kathy L. Boutiette, individually; (b) the Trustees; (c) the Trustees' successors in interest to 15 Holmes; and (d) any of her or their agents, servants, employees, and attorneys, and those persons in active concert or participation with any or all of them who receive actual notice of this Judgment, are hereby ENJOINED from directly or indirectly interfering with the Dugans' use and enjoyment of the Easement, and the use and enjoyment of the Easement by the Dugans' successors in interest to 13 Holmes.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry of Deeds and marginally referenced on all relevant documents.