January 9, 2019
Page 3
10, Book 8653, Page 13 and Book 8653, Page 16, respectively. As mentioned, those deeds
expressly conveyed the fee interest in Legacy Drive. The deeds were recorded simultaneously with
Plan No. 38031. Accordingly, it is our opinion that since the Developers acquired the entirety of
the fee interest in Legacy Drive simultaneously with the recordation of Plan No. 38031, the
Developers had sufficient property rights in Legacy Drive to dedicate and recognize its dedication
to public servitude.
Mortgages granted by the Developer(s) in connection with their initial acquisition to
develop Monis Farm Estates have been discharged.
I. Serenity Lane
A. First Portion of Serenity Lane
Plan No. 38031 (the approved plan set for Monis Farm Estates) depicts over a portion of
Parcel 3152 a Proposed Private Access and Utility Easement ‘H’ running between Lots 3157 and
3158, westerly from Legacy Drive to the easterly side of Lot 56. Simultaneously with their
acquisition of Lot 20 (the land that became Monis Farm Estates), the Developers executed and
recorded with the Hillsborough County Registry of Deeds a Declaration of Access and Utility
Easements (To Benefit Lot 57 - Monis Farm Estates) (the “Declaration”). The Declaration is dated
April 15, 2014 and recorded at Book 8653, Page 34, a copy of which is enclosed.
The Declaration establishes easement rights for the benefit of Etchstone Properties, Inc.,
which developed Monis Farm Estates (Ext.) as contemplated by Plan No. 38863. Lot 57, of course,
became Monis Farm Estates (Ext.). The Declaration established access and utility rights and
easements, both public and private, including rights which may benefit the City of Nashua.
Specifically, Section 1 of the Declaration established an access easement in favor of Lot 57 (over
the so-called “Easement Area”) and Section 7 of the Declaration provided that the Developers
(Declarants) may dedicate the Easement Area to the public servitude, to become a public road or
right-of-way accepted by the City of Nashua, including a Class V road.
In light of the foregoing, it is our opinion that at the time of dedication of the public
servitude of Serenity Lane (by the recordation of Plan No. 38816 and Plan No. 38863), the
Developers had sufficient property rights in the Easement Area (the right-of-way shown as
Easement ‘H’ on Plan No. 38031) to dedicate the First Portion of Serenity Lane for acceptance by
the City of Nashua as a Class V highway. Please note that fee simple title to Parcel 3152 (over
which the Easement Area is located) is held by the various lot owners in (i) Monis Farm Estates
and (ii) Monis Farm Estates (Ext.), each owning an undivided one-forty-third (1/43") interest in
Parcel 3152. Their ownership of undivided interest in Parcel 3152, and any mortgages of their
interests in Parcel 3152 are junior, of course, to the pre-existing rights established in favor of the
Developers pursuant to the Declaration, including the Developers’ rights to dedicate the Easement
Area (Easement ‘H’) to public servitude and have it become a public road or right-of-way,
including a Class V road.
