JAMES ANTHONY KELSO, as Manager of the Kelso Realty Trust, LLC vs. JEFFREY BAKER, Individually and as Trustee of the Bradford Road Realty Trust, and SUE BAKER, in her Individual Capacity

This action, which commenced August 11, 2017 with the filing of a complaint by James Anthony Kelso, as Manager of the Kelso Realty Trust, LLC ("Kelso"), asserting a claim for declaratory judgment pursuant to G. L. c. 231A, and seeking additional injunctive relief, all with respect to claims that Kelso's property located at 0 Brewer Lane, 0 Standish Street, 307 Marshall Street, 311 Marshall Street, and 10 Marsh Elder Lane, all in Duxbury, Plymouth County ("collectively, "Kelso Property") is benefitted by easements over certain land of the defendants located at 30 Bradford Road, Duxbury, Plymouth County ("Baker Property"). The defendants asserted a counterclaim for declaratory relief contesting the existence or extent of certain of the easements claimed by the plaintiff.

The parties filed cross-motions for summary judgment on May 30, 2019. This case came on for hearing on both parties' cross-motions for summary judgment on September 18, 2019. In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the plaintiff.

In accordance with the court's decision, it is

ORDERED, ADJUDGED, and DECLARED, on the only count of the complaint, seeking declaratory relief pursuant to G. L. c. 231A, §1 and G. L. c. 185, §1(k), and on the only count of the counterclaim, also seeking declaratory relief, that the Kelso Property is benefitted by, and the Baker Property is encumbered by, an easement for access to Duxbury Bay over Bradford Road, shown as "Way" on Land Court Plan No. 22298A, extending easterly to the low water line at the shore of Duxbury Bay, and including an easement for bathing and boating in the area shown on said Land Court Plan as extending northerly for 35 feet from the northerly side line of Bradford Road and extending for 35 feet southerly from the southerly side line of Bradford Road, and extending easterly to the low water line.

It is further

ORDERED, ADJUDGED, and DECLARED that the easement for bathing and boating benefitting the Kelso Property and encumbering the Baker Property includes the right and easement to store one rowboat or dinghy on the beach and to moor two boats in the tidal flats between high and low water.

It is further

ORDERED and ADJUDGED that the defendants, their agents, invitees, representatives, contractors, others acting in concert with them or having actual knowledge of this Judgment, and their successors interest, are PERMANENTLY ENJOINED from prohibiting or interfering with the use and enjoyment of the easements as declared in this Judgment.

It is further

ORDERED and ADJUDGED that upon payment of all required fees, a certified or attested copy of this Judgment may be registered with the Plymouth County Registry District of the Land Court and noted on the applicable certificates of title, and also may be recorded with the Plymouth County Registry of Deeds.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED.