BE IT KNOWN THAT:

1. Charles Cotnoir asserts¹ that rights exist for Charles Cotnoir to use, travel over and maintain the road known as Cranberry Road, Tisbury, Massachusetts on land owned by Lolita Duarte, 0 Lambert’s Cove Rd, Tisbury Massachusetts, Tisbury Assessors Map 64-A-3 through various easements and depicted Massachusetts GIS map https://maps.massgis.digital.mass.gov/MassMapper/MassMapper.html (Exhibit 1) and on a Vineyard Land and Engineering plan entitles “A Plan of Land in West Tisbury for Lolita Duarte, dated April 28, 2023  (Exhibit 2).
   
   
2. Cranberry Road, located in Tisbury and West Tisbury, Massachusetts is the primary and only usable access route to the two properties of Charles Cotnoir for the properties at 35 Cranberry Road, West Tisbury, Massachusetts, Registered at the Dukes County Registry of Deeds Bk820, Pg 246, January 17, 2001, West Tisbury Assessors Map, Parcel 2-13 and 50 Cranberry Road, West Tisbury, Massachusetts Bk 325, Pg 239, May 8, 1975, West Tisbury Assessors Map, Parcel 2-14
   
   
3. Charles Cotnoir asserts¹ that the easement rights² of Charles  Cotnoir to use, travel over and maintain that portion of Cranberry Road, Tisbury, Massachusetts, owned by Lolita Duarte, 0 Lambert’s Cove Rd, Tisbury Massachusetts, Bk 262, Pg 571, August 8, 1966, Tisbury Assessors Map 64-A-3  is protected by three different types of easements; a Utility Easement to The New England Telephone and Telegraph Company and The Commonwealth Electric Company and their successors, an Easement by Implication to the original owner, Manuel Duarte and subsequent owner, Charles Cotnoir and an Easement by Prescription.to Charles Cotnoir
   
   
4.  EASEMENT DESCRIPTION³:    Beginning at a point  measured from the most northeasterly bound of the land of Lolita Duarte, on a bearing of S 14° 15’00” W, 12 feet; along the easterly boundary to the point of beginning of the easement at the center line of  the  12 foot wide existing traveled way, thence West 268°, 21 feet; thence  Southwesterly 230°, 66 feet; thence Southerly 190° by various courses,168 feet; thence Southeasterly 150°,46 feet; thence Easterly 120°, 99 feet to a point of termination on the centerline of the easement. The point of termination is measured from the most northeasterly bound of the land of Lolita Duarte, thence S 14°15’00”W, 98.03 feet; thence S 15°03’00” E, 184.35 feet; thence S 13°47’30” W, 35 feet to the aforementioned termination point; said easement conforming to a plan in the public domain, Vineyard Land and Engineering plan entitles “A Plan of Land in West Tisbury for Lolita Duarte, dated April 28, 2023” depicting an “existing dirt road” and being located on land sold by David Duarte and purchased by Lolita Duarte, 0 Lambert’s Cove Rd, Tisbury Massachusetts, Bk 262, Pg 571, August 8, 1966, Tisbury Assessors Map 64-A-3.(See exhibit #2)
   
   
5. UTILITY EASEMENT:    Charles Cotnoir, asserts¹ that that portion of Cranberry Road, Tisbury, Massachusetts on the land of Lolita Duarte, 0 Lambert’s Cove Rd, Tisbury Massachusetts, Bk 262, Pg 571, August 8, 1966, Tisbury Assessors Map 64-A-3  has a Utility Easement on the road granted by Lolita Duarte in 1982 to the New England, Telephone and Telegraph Company and the Commonwealth Electric Company in perpetuity and is registered at the Dukes County Registry of Deeds on Bk 394,Pg 231, August 3,,1982,Tisbury Assessors Map, Parcel 64-A-3. The rights of easement for this easement are imparted to both the electric company and Charles Cotnoir as beneficiaries.
   
   
6. EASEMENT BY IMPLICATION: Charles Cotnoir asserts¹ that an Easement by Implication to use the existing road, Cranberry Road, Tisbury, Massachusetts on the land of Lolita Duarte, 0 Lambert’s Cove Rd, Tisbury Massachusetts Bk 262, Pg 571, August 8, 1966, Tisbury Assessors Map 64-A-3   was created when the owner of the property, Manual Duarte sold the property  at 0 Lambert’s Cove Rd, Tisbury Massachusetts, to David and Lolita Duarte Bk 262 Pg 570, recorded on August 8, 1966, Tisbury Assessor’s Parcel 64-A-3. The Easement by Implication was obtained by Manuel Duarte at the time of the sale from David and Lolita Duarte in order for Manual Duarte to continue his prior use of the road that was purchased from Eben Bodfish, Dukes County Registry of Deeds Book 209, Pg 155, September 9,1944 and to retain access to his adjoining property, later known as 50 Cranberry Road, West Tisbury, Massachusetts, West Tisbury Assessors Map, Parcel 2-14, further up the road. This easement called “Easement by Implication” transferred to the current owner, Charles Cotnoir at the time of the sale of 50 Cranberry Road, West Tisbury, Massachusetts from Emelia R Duarte and Emelia B Duarte, wife of Manuel Duarte, to Charles Cotnoir Bk 325, Pg 239, May 8, 1975, West Tisbury Assessors Map, Parcel 2-14, This easement could also be interpreted as an Easement of Necessity at the time of the sale.
   
   
7. ADDITIONAL EASEMENT BY IMPLICATION: Charles Cotnoir asserts¹ that there is an additional “Easement by Implication” to travel across the land of Lolita Duarte 0 Lambert’s Cove Rd, Tisbury Massachusetts, Bk 262, Pg 571, August 8, 1966, Tisbury Assessors Map 64-A-3    by way of Cranberry Road, Tisbury Massachusetts by Charles Cotnoir. This second Easement by Implication was created at the time of and by the sale of a parcel of property, 35 Cranberry Road in West Tisbury, Massachusetts to Charles Cotnoir by Lolita Duarte, registered at the Dukes County Registry of Deeds Bk 820 Pg 246, January 17,2001, West Tisbury Assessors Map, Parcel 2-13. The road, Cranberry Road, Tisbury, Massachusetts, that runs across the Lolita Duarte property is the only access to the parcel sold by Lolita Duarte to Charles Cotnoir. The evidence of the Easement by Implication to Charles Cotnoir is bolstered by the granting of the Easement to the New England Telegraph and Telephone Company and the Commonwealth Electric Company by Lolita Duarte which is indicative of the knowledge that an easement over the portion of Cranberry Road, Tisbury, Massachusetts to Charles Cotnoir is the only route to gain access to the property, 35 Cranberry Road, West Tisbury that she was selling to Chrles Cotnoir.
   
   
8. EASEMENT BY PRESCIPTION:  Charles Cotnoir asserts¹that an Easement by Prescription exists for the benefit of Charles Cotnoir, due to his use and maintenance of the road for the last 49 years, 1975 to 2024. As of June 18, 2024, from June 8, 1975 to June 18, 2024, Manuel Duarte, Emelia Duarte, David Duarte, and/or Lolita Duarte have not posted, served or recorded notice to prevent acquisition of Easement by Custom.

EXHIBITS
Exhibit #1 - Massachusetts GIS map https://maps.massgis.digital.mass.gov/MassMapper/MassMapper.html
Exhibit #2 - Vineyard Land and Engineering plan entitles “A Plan of Land in West Tisbury for Lolita Duarte, dated April 28, 2023

BE IT KNOWN that Charles Cotnoir, born before 1959, may have certain senior rights that preclude the closure of Cranberry Road, as it is the only possible access to the residence of Charles Cotnoir at 50 Cranberry Road, West Tisbury, Massachusetts for the response by ambulance, fire and public safety vehicles 

¹asserts ^– verb, defined as - If you assert your right or claim to something, you insist that you have a right to it

²_{Easement rights are not limited to those stated in this document}

^{3Courses may deviate =/- 5° and distances may deviate =/-2%}