JPM DEVELOPMENT, LLC v. MICHAEL NEMETZ and SARAH NEMETZ.

Plaintiff JPM Development, LLC filed this suit against defendants Michael and Sarah Nemetz in September 2017. JPM owns a property at 869 Washington Street in Canton, MA, as described in a deed dated March 9, 2015 and recorded with the Norfolk County Registry of Deeds (the "Registry") in Book 32981, Page 219. JPM claimed that appurtenant to 869 Washington Street is a six-foot drainage easement across the Nemetzes' abutting properties at 825R Washington Street and 319 Sherman Street in Canton, MA, "all as shown on the Plan dated October 8, 1945, filed as Plan No. 496-1945 and recorded with the Norfolk Registry of Deeds in Book 2562, Page 338" (the "1945 Easement").

The Nemetzes answered JPM's complaint in October 2017, denying JPM's claims but presenting no counterclaims. After further investigation, JPM concluded that the 1945 Easement did not give 869 Washington Street a drainage easement across the Nemetz properties. JPM nevertheless claimed that 869 Washington Street had acquired such rights by prescription.

The parties appeared for trial on July 17 and 18, 2018. Based on the parties' agreed facts, the evidence introduced at trial, the Court's view, and the arguments of counsel, for the reasons set forth in the Court's Findings of Fact and Conclusions of Law of this same date, the Court ORDERS, ADJUDGES and DECREES:

1. Judgment hereby enters in FAVOR of Michael and Sarah Nemetz, and AGAINST JPM Development, LLC ("JPM"), on JPM's claims (a) that there is appurtenant to the property at 869 Washington Street in Canton, MA, as described in a deed dated March 9, 2015 and recorded with the Norfolk County Registry of Deeds (the "Registry") in Book 32981, Page 219 ("869 Washington Street"), a deeded six-foot drainage easement "as shown on the Plan dated October 8, 1945, filed as Plan No. 496-1945 and recorded with the Norfolk Registry of Deeds in Book 2562, Page 338," across the Nemetzes' abutting properties at 825R Washington Street and 319 Sherman Street in Canton, MA; and (b) that it has acquired by prescription the right to install and maintain a pipe across Lot 2 as shown on a 1961 plan entitled "Plan of Land in Canton, Mass. drawn by E. E. Boudreau, Registered Civil Engineer," recorded at the Registry in 1961 Plan Book, Plan No. 142 ("Lot 2," also shown as 825R Washington Street on the attached Decision Sketch).

2. Judgment hereby enters in FAVOR of JPM, and AGAINST the Nemetzes, on JPM's claims in issue "B" described in this Court's May 31, 2018 Order in Advance of Trial.

3. There is appurtenant to 869 Washington Street an easement across Lot 2 for drainage of stormwater that (a) falls on approximately 145,000 square feet of largely impervious surfaces within the Watershed Area shown on the attached Decision Sketch (the "Watershed Area"); and (b) is collected in the "Catch Basin" before being discharged onto Lot 2 at a point south/southwest of the Catch Basin, all as shown on the Decision Sketch. The inclusion on the Decision Sketch of the approximate location of an 18" Pipe leading from the Catch Basin is only for purposes of illustrating the Court's Findings of Fact and Conclusions of Law issued this day, and not to show that JPM owns the Pipe or has the right to install or maintain a drain, pipe or other drainage structure on Lot 2.

SO ORDERED.

exhibit 1