Parmentier v. Gadoury
| Decision Date | 20 March 2006 |
| Docket Number | 041580C(04SU0064) |
| Parties | John Parmentier et al. v. Vincent Gadoury et al. |
| Court | Massachusetts Superior Court |
Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Wexler, James H., J.
The plaintiffs John Parmentier and Joyce Parmentier ("Parmentiers") are owners of real property which is located on the corner of Hop Brook Lane and Farm Street in Blackstone, Massachusetts. The property is surrounded on three sides of real property owned by the defendants Vincent Gadoury and Elizabeth Gadoury. On August 12, 2004, the plaintiffs filed a four-count complaint. Count I sought a Declaratory Judgment that the records of an Easement Plan constituted the grant of an easement. Count II sought a Declaratory Judgment that the defendants are estopped from denying the existence of the easement. Count III sought a Declaratory Judgment that the plaintiffs have obtained an easement from the defendants by prescription. Count IV alleges that the defendants interfered with a contract that the plaintiffs have for the remodeling of their house. On September 10, 2004, the Parmentiers filed an amended complaint, dropping Count IV.
After trial and based on all of the credible evidence and the reasonable inferences that I may make from that evidence, I make the following findings of fact and rulings of law.
Plaintiffs purchased their property on September 22, 1976. They have lived there since that time. In 1986, a subdivision called the Hop Brooks Estates was established. Subsequent to the creation of the subdivision, Hop Brook Lane was created. Lot 7 within the subdivision is presently the Gadoury property. The Gadoury property surrounds the Plaintiffs' property with exception of a narrow strip of land which runs between Plaintiffs' property and Hop Brook Lane.
Prior to June 2001, the Gadoury property was owned by the grandparents of Elizabeth Gadoury, Gaston and Janet Verhulst. The grandparents had purchased it in 1986. Upon Mr. and Mrs Verhulst's deaths, the Gadoury property was then transferred into the 200 Farm Street Trust. The trustees were William Verhulst, Virginia Leclaire, Elizabeth Gadoury and various siblings of Virginia Leclaire.
In 1986, Gaston and Janet Verhulst retained the services of Dunn Engineering ("Dunn") to prepare subdivision plans to submit to the Town of Blackstone Planning Board. At that time, Parmentier was a licensed engineer with Dunn and had extensive experience in the preparation of documents for these purposes. The work that Parmentier performed was under the supervision of Kenneth McKenzie. Dunn was required to identify any potential encroachments on the property of the subdivision plans. The plans which were prepared by Dunn did not disclose the existence of a drainage pipe running from the Parmentier property on to the Gadoury property. Parmentier did not disclose to any individual that he had any interest or use of subdivision property by the existence of a drainage pipe and was not identified on any document prepared by Parmentier. The existence of the pipe was not disclosed to any person during the submission process before the Blackstone Planning Board. There is no credible evidence that the drainage pipe on the Parmentier property went on to the Gadoury property prior to the time that the Parmentiers replaced their water line in 2001.
In the winter of 2000 or 2001, Plaintiffs approached William Verhulst in his capacity as trustee of the 200 Farm Street Trust and asked for a grant of easement to their property from Hop Brook Lane to enable Plaintiffs to continue to carry out their gardening and to provide access to construction vehicles. Verhulst stated that he was amenable to the idea of an easement but that it would be subject to approval from the Gadourys. At the time of these discussions, it was expected that the Trust would transfer the subject property to the defendants. Verhulst gave Parmentier the responsibility of preparing an easement plan.
Parmentier prepared a draft of an easement plan dated February 9, 2001 which he gave to Verhulst to be passed on to the Gadourys. In a document dated February 13, 2001, which accompanied the easement plan, Parmentier stated that he wanted to construct a stone wall along the edge of the sidewalk on Hop Brook Lane to continue landscaping, and request for an easement across the Gadoury property for access for utilities and vehicles.
Vincent Gadoury rejected this initial plan and told Parmentier that the easement as prepared was too long in that it covered the entire strip of land between the Parmentier property and Hop Brook Lane. Gadoury and Parmentier then walked the property and discussed the location of the easement. Gadoury stated that he was amenable to the easement if Parmentier shortened the easement and if Parmentier addressed the adjustments to the property located on the other side of the Parmentier property, held by John Leclaire.
Based on the discussions with Gadoury, Parmentier prepared an easement plan entitled "Easement Plan of Land in Blackstone, Massachusetts." The plan was dated March 16 2001. The plan contained the following language "Proposed Landscaping & Access Easement for the Benefit of Lot 37 (Parmentier), 1,504 S.F." The terms "landscaping" and "access" are not defined.
After the plan was prepared, Parmentier gave it to Verhulst and Gadoury. There is no dispute that both Mr. and Mrs. Gadoury agreed to the granting of an easement.
Francis X. DeSimone, at the direction of Gadoury, prepared an easement description to be recorded with the Registry of Deeds for Worcester County. As prepared and ultimately filed with the Registry the easement read as follows:
And further, this conveyance is made subject to a landscaping & access easement to John J. and Joyce T. Parmentier as shown on the Easement Plan of Land in Blackstone, Massachusetts prepared by Dunn McKenzie, Inc. dated March 16, 2001 and to be recorded herewith. Said easement is for access and landscaping only. All proposed landscaping shall be presented in writing with sketches for said approval and no fences shall be erected within or around said easements.
The quitelaim deed transferring the property from the 200 Farm Street Trust to the Gadourys was dated April 27, 2001. However, it was not executed by the Trustees until May 31, 2001 and was recorded with the Registry of Deeds on June 14, 2001. The March 16, 2001 easement was not recorded prior to the deed. The documents reflecting the easements were not given to the Parmentiers until mid-July of 2001.
Starting sometime in late April of 2001, the Parmentiers began construction of a flag stone wall on that parcel of land which ran between the Parmentiers' property and Hop Brook Lane. The construction was completed in mid-June to late-June of 2001. During the course of construction, the Gadourys were aware that the wall was being erected.
In late 2001, the water pipe from the Parmentiers' house to the town water service on Farm Street developed a leak. This pipe also provided water to the garage which was located on the Gadoury property. In December 2001, the Parmentiers had a water pipe installed between the water service on Hop Brook Lane and the Parmentiers' house. This work involved installing a drainage pipe that ran through the area covered by the easement. The Gadourys were aware of this work.
In October 2003, the Parmentiers hired a tree surgeon to trim trees in their backyard. To perform this work, it was necessary for the tree surgeon to use the access easement across the Parmentiers' backyard.
On June 21, 2004, contractors...
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