The plaintiffs James F. Antosca, Angela L. Didier as Trustee of Salem Street Realty Trust, Angela L. Didier and Mark J. Lanza as Trustees of Hanover Street Realty Trust, Helen M. Kelly, and Charles P. Vilnis, Sr. filed their complaint in this action on November 16, 2017, naming as defendants Scott Whitney Gray, Margaret C. Hallett Gray, Daniel S. DeCourcy, Christine A. DeCourcy, Schwartz Real Estate Investment, LLC, Joseph D. Warshauer and Julianne Warshauer as Trustees of the Joseph and Julianne Warshauer Family Trust, and Frank E. O'Brien and Marjorie M. O'Brien as Trustees of the Franmar Living Trust. On January 3, 2018, the defendants filed their Answer. The case management conference was held on January 12, 2018. A suggestion of death of James F. Antosca was made at a status conference on July 13, 2018. The plaintiffs filed a Motion for Summary Judgment and a Brief in Support of their Motion for Summary Judgment on February 11, 2019. Plaintiffs filed their Motion to Substitute Plaintiff James F. Antosca on February 12, 2019, which was allowed that day; Linda M. Neily, the personal representative of the Estate of James F. Antosca, was substituted for James F. Antosca as plaintiff. Defendants filed a Motion for Summary Judgment and Brief in Support of their Motion for Summary Judgment on March 12, 2019. On March 26, 2019, plaintiffs filed a Brief in Opposition to Defendants' Motion for Summary Judgment. A view was taken on March 29, 2019. Hearing on the cross-motions for summary judgment was held on May 3, 2019. At the hearing, the cross-motions for summary judgment were converted to a case stated, by agreement of the parties and by suggestion of the court, and the case was taken under advisement. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.
In accordance with the court's Decision issued today, it is
ORDERED, ADJUDGED and DECLARED that Angela L. Didier, Trustee of Salem Street Realty Trust u/d/t recorded with the Plymouth County Registry of Deeds (registry) at Book 12119, Page 219 (Salem Trust), holds a record easement appurtenant to the property at 8 Lydia's Island Road, Wareham, Massachusetts 02571 (Salem Trust property), as more fully described in the deed from James F. Antosca dated October 7, 2004 and recorded with the registry at Book 29860, Page 181, to travel by foot or vehicle along the entire length of Lydia's Island Road from Great Neck Road to the pedestrian easement as shown on the plan attached hereto as Exhibit A, as described in said deed. It is further
ORDERED, ADJUDGED and DECLARED that the Salem Trust holds an easement by estoppel and an implied easement appurtenant to the Salem Trust property to travel by foot or vehicle along the entire length of Lydia's Island Road from Great Neck Road to the pedestrian easement as shown on the plan attached hereto as Exhibit A. It is further
ORDERED, ADJUDGED and DECLARED that Helen M. Kelly and Charles P. Vilnis, Jr. (Kelly and Vilnis) hold an implied easement appurtenant to the property at 196 Great Neck Road, Wareham, Massachusetts 02571 (Kelly/Vilnis property), shown as Lot No. 1000 on the plan entitled "Plan of Land Prepared for John C. Decas Burgess Point Road Wareham, MA" dated November 7, 2001, endorsed by the Wareham Planning Board as "approval under the subdivision control law not required" on December 10, 2001, recorded with the registry at Plan Book 45, Page 163 (Hanover Trust ANR plan), a copy of which is attached hereto as Exhibit B, and more fully described in the deed from John C. Decas to Charles P. Vilnis and Helen M. Kelly dated June 13, 2002, recorded with the registry in Book 22251, Page 247 (Kelly/Vilnis deed), to travel by foot or vehicle along the entire length of Lydia's Island Road from Great Neck Road to the pedestrian easement as shown on the plan attached hereto as Exhibit A. It is further
ORDERED, ADJUDGED and DECLARED that Mark J. Lanza and Angela L. Didier, Trustees of Hanover Street Realty Trust u/d/t dated February 21, 1997 and recorded with the Bristol County North District Registry of Deeds at Book 7051, Page 36 (Hanover Trust), hold an implied easement appurtenant to the property known and numbered as 0 Lydia's Island Road, Wareham, Massachusetts 02571 (Hanover Trust property), shown as Lot No. 1004-F on the Hanover Trust ANR plan, to travel by foot or vehicle on Lydia's Island Road westerly from the property to Great Neck Road. It is further
ORDERED, ADJUDGED and DECLARED that Hanover Trust holds an implied easement appurtenant only to the portion of the Hanover Trust property shown as the triangular parcel on the Hanover Trust ANR plan and more fully described in the deed from John C. Decas to the Hanover Trust dated December 21, 2001, and recorded with the registry in Book 21271, Page 287, to travel by foot or vehicle on Lydia's Island Road easterly from the property to the pedestrian easement as shown on the plan attached hereto as Exhibit A. It is further
ORDERED, ADJUDGED and DECLARED that the foregoing easement rights do not include the right to park on Lydia's Island Road east of the Hanover Trust property. It is further
ORDERED, ADJUDGED and DECLARED that Salem Trust holds a record easement appurtenant to the Salem Trust property to travel by foot and golf cart on the pedestrian easement as shown on the plan attached hereto as Exhibit A, as described in the "Grant of Pedestrian Easement" dated December 21, 2001, and recorded with the registry in Book 21271, Page 292. It is further
ORDERED, ADJUDGED and DECLARED that Kelly and Vilnis hold a record easement appurtenant to the Kelly/Vilnis property to travel by foot on the pedestrian easement as shown on the plan attached hereto as Exhibit A, as described in the Kelly/Vilnis deed. It is further
ORDERED, ADJUDGED and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on all relevant documents.
LINDA M. NEILY, as Personal Representative of the Estate of JAMES F. ANTOSCA, ANGELA L. DIDIER, as Trustee of HANOVER STREET REALTY TRUST and Trustee of SALEM STREET REALTY TRUST, MARK J. LANZA, as Trustee of HANOVER STREET REALTY TRUST, HELEN M. KELLY, and CHARLES P. VILINIS, JR. v. SCOTT WHITNEY GRAY, MARGARET C. HALLETT GRAY, DANIEL S. DECOURCY, CHRISTINE A. DECOURCY, SCHWARTZ REAL ESTATE INVESTMENT, LLC, JOSEPH D. WARSHAUER and JULIANNE WARSHAUER, as Trustees of the JOSEPH AND JULIANNE WARSHAUER FAMILY TRUST, and FRANK E. O'BRIEN and MARJORIE M. O'BRIEN, as Trustees of the FRANMAR LIVING TRUST