FREDERICK LALLY AND SHARON LALLY V. LYNDY A. MURPHY, EDWARD W. MURPHY, AND JOHN P. RITA

This cause came to be tried and a decision of even date entered. Prior thereto, on March 30, 2012, this court entered an Order granting the Motion of the defendant John P. Rita for a Judgment on the Pleadings. In accordance therewith, it is hereby

ORDERED and ADJUDGED as follows:

1. The defendant John P. Rita enjoys an express easement appurtenant to the Rita estate “to pass over the footpath to access Long Pond”.

2. The Elder Murphys held an easement in gross to access Long Pond by means of the footpath situated on the Lally estate. That easement terminated upon their passing.

3. While they enjoy no deeded easement rights, the Murphy defendants, the plaintiffs in counterclaim, do enjoy a prescriptive easement over the footpath situated on the Lally estate, for purposes of accessing Long Pond on foot.

4. The Murphy defendants enjoy a prescriptive easement for purposes of installing and maintaining a dock approximately fifty-six feet in length, said dock commencing at or about the terminus of the said footpath.

5. The Murphy defendants have established no title to any portion of the Lally estate through adverse possession.

By the Court (Grossman, J.)