Fill and Sign the In Re Tutu Wells Contamination Litigation 885 F Supp Form

- 1 - IN THE CHANCERY COURT OF ______________ COUNTY STATE OF ________________ )) )Petitioners/Counter Defendants))) NO. Vs. )) )Respondents/Counter Claimants) ) JUDGMENT This Civil action having come on for hearing of the Complaint to Confirm Title and Remove Clouds and Complaint for Slander of Title filed by Plaintiffs/Counter Defendants and Answer (thereto)… With Counter Claim for Slander of Title filed by Defendants/Counter Claimants, such hearing having been limited to all issues of the Complaint and Counterclaim except the issues related to the granting of access to Defendants across Plaintiff's other lands, and all parties having introduced evidence and rested their respective cases as to those issues, and the Court having reserved said remaining issues for future hearing; the Court subsequently issued its Findings of Fact and Conclusions of Law dated _______________, 20_______ which are hereby incorporated in this Judgment by reference thereto, and in addition thereto finds as follows:1.The Court has jurisdiction of the parties and the subject matter.2.Plaintiffs/Counter Defendants are adult resident citizens of the State of _______________, and are represented by Honorable _______________. - 2 - 3.Defendants/Counter Claimants are adult resident citizens of the State of _______________, and are represented by Honorable _______________.4.Defendants/Counter Claimants are the legal and equitable title owners of certain property described as _______________ County, _______________; and the claims of Plaintiffs/Counter Claimants thereto by adverse possession should be denied, for the reasons set forth in the Finding of Fact and Conclusion of Law issued on _______________.5. Plaintiffs/Counter Defendants are entitled to confirmation of a prescriptive easement for ingress and egress ten feet (10') either side of the center of and along the existing road beginning near the Northeast corner of the above described property and running in Southwesterly direction to a point on the West side of said property near the cabin previously placed by _______________ just off such property. Plaintiffs shall have said easement surveyed at their expense and present an Amended Judgment to this Court upon completion thereof which includes the legal description of said easement. Plaintiffs shall maintain said easement except for any damages Defendants may cause to said existing roadway by any logging operations which Defendants or their grantees may perform. Defendants should be responsible to restore said roadway to its present condition should any such damage be done by logging operations.6. The parties should be enjoined from pursuing proceedings before the Board of Supervisors of _______________ County, _______________ for a private road to be laid out across property of Plaintiffs to the property described herein above, and the Court should retain jurisdiction of this issue for further action.IT IS THEREFORE ORDERED AND ADJUDGED AND DECREED THAT:1.The claims of Plaintiffs/Counter Defendants as to ownership by adverse - 3 - possession of certain property described as _______________ County, _______________, being forty (40) acres more or less, are hereby cancelled as a cloud upon the record title of _______________.2. A prescriptive easement for ingress and egress is granted in favor of _______________, ten feet (10') either side of and along the center of the existing road on the Northernmost part of the property and running in a Southeasterly direction to a point nearest to the cabin previously placed by _______________ on property adjacent to the hereinbefore described property. Plaintiffs shall have said easement surveyed at their expense and provide this Court with an Amended Judgment which includes the legal description of said easement within forty five (45) days. Plaintiffs shall be responsible for general and ordinary maintenance of said easement. Defendants shall be responsible for restoring said easement to its present condition if damaged by logging operations conducted by Defendants on the subject property.3.The parties are enjoined from pursuing the action before the _______________ County Board of Supervisors for a private way across property of the Plaintiffs for access to the subject property.4. All relief requested by Defendants in their Counterclaim which has not been specifically granted other than those issues reserved for further hearings is hereby denied.IT IS SO ORDERED AND ADJUDGED this the _____ day of ___________, 20______.____________________________________CHANCELLORApproved as to Form:____________________________________Attorney for Plaintiffs/CounterDefendants - 4 - ____________________________________Attorney for Defendants/Counter Plaintiffs