OLD COLONY HISTORICAL SOCIETY v. TAUNTON CHURCH GREEN REALTY, LLC.

Plaintiff Old Colony Historical Society owns 66 Church Green in Taunton, MA. Old Colony filed this action in February, 2018. Its Verified Amended Complaint, filed in March, 2018, contained three counts:

* In Count I, Old Colony asked this Court to declare that only one of defendant Taunton Church Green Realty, LLC's lots (Lot 66-424) described in the deed of Richard Harris, et al., dated June 17, 2011 and recorded with the Bristol County Northern District Registry of Deeds in Book 19501, Page 243, has the "benefit" of a right of way (the "Right of Way") created by deed of the Trustees of Bristol Academy to Harry Carlow, dated February 5, 1926, and recorded with the Bristol County Northern District Registry of Deeds in Book 765, Page 266. Old Colony sought to enjoin Taunton Church Green Realty from using the Right of Way for access to a lot that abuts Lot 66-424, Lot 66-426.

* In Count II, Old Colony asked the Court to declare that Old Colony has partially obstructed the Right of Way for more than twenty years and thus the Right of Way is narrower today than when it was originally created in 1926. Old Colony sought to enjoin Taunton Church Green Realty from using the Right of Way outside of the allegedly narrowed sideline limits.

* In Count III, Old Colony asked the Court to declare that Taunton Church Green Realty has no right to construct a sidewalk along the Right of Way, even if it is required to do so by a permitting authority, and that Taunton Church Green Realty is bound by the terms of a Preservation Restriction Agreement between Old Colony and the Massachusetts Historical Commission.

Taunton Church Green Realty answered the Verified Amended Complaint in April, 2018. The parties appeared for trial on January 18, 2019. For the reasons set forth in this Court's Findings of Fact and Conclusions of Law, issued this day, the Court:

1. ORDERS, ADJUDGES and DECREES that judgment shall hereby enter in FAVOR of Taunton Church Green Realty, LLC ("TCGR"), and AGAINST Old Colony Historical Society ("Old Colony"), on Count I of the Old Colony's Verified Amended Complaint;

2. ORDERS, ADJUDGES and DECREES that TCGR may use the right of way established in the deed to Harry Carlow dated February 5, 1926, and recorded with the Northern Bristol County Registry of Deeds (the "Registry") in Book 765, Page 266 (the "Right of Way"), to access the second parcel described in the deed of Richard Harris, et al., dated June 17, 2011, and recorded with the Registry in Book 19501, Page 243 (the "Harris Deed"), for uses accessory to the first parcel described in the Harris Deed, but not for other purposes;

3. ORDERS, ADJUDGES and DECREES that judgment shall hereby enter in FAVOR of TCGR, and AGAINST Old Colony, on Count II of Old Colony's Verified Amended Complaint;

4. ORDERS, ADJUDGES and DECREES that Old Colony has not narrowed the Right of Way by prescription;

5. ORDERS, ADJUDGES and DECREES that judgment shall hereby enter in FAVOR of TCGR, and AGAINST Old Colony, on Count III of Old Colony's Verified Amended Complaint; and

6. ORDERS, ADJUDGES and DECREES that TCGR (a) has the right to construct a sidewalk along the Right of Way if required to do so by a permitting authority, and (b) is not bound by the Preservation Restriction Agreement between Old Colony and the Massachusetts Historical Commission recorded with the Registry on June 14, 2005 in Book 14876, Page 75.

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

SO ORDERED.