2-4 Forrester Street 52 Essex Street Easement Legal DeterminationHemsey Judge P.C.
January 15, 2026
Adam Schoenhardt
Re: Easement recorded in Essex South Registry of Deeds in Book 19696, ,Page 179
2-4 Forrester Street, Salem, MA 01970
Dear Sir:
As you know, you retained this office in order to provide an opinion for the limited purposes
of interpreting an easement that benefits your property located at 2-4 Forrester Street in Salem,
Massachusetts. The opinion will be used as support for your application to the Zoning Board of
Appeals for a variance to allow for the property construction of a shed on area believed to be within
the easement area.
Counsel undersigned does understand that you, as property owner, were asked for said
opinion within your request to have permission to construct the shed. Consequently, it is
understood, except for those issues specifically excluded, that this opinion will be relied upon
somewhat by yourself in your presentation as well as the Zoning Board of Appeal in its duty to
consider the merits of your request.
For this opinion, I have made such inquiries, and as I deemed necessary or appropriate for
the purpose of rendering this opinion, have examined documents identified to our satisfaction as
being true and correct copies of various title documents, including town maps, deeds, easements and
assessment data. I have also conducted a site review for purposes of determining the approximate
area affected by the easement and compared that to the various measurements as found within the
easement itself. Though I have not commissioned and a site survey, I did review the survey received
by and filed within the request for the variance.
I note that my acts have been limited to the rendering of this opinion, as I was not requested
to, and did not participate in drafting of any of the referenced documents.
With respect to all documents examined, I have assumed that (i) all signatures on documents
examined by us are genuine; (ii) all documents submitted as copies conform with the originals of
those documents; and (iii) all public records reviewed are accurate and complete.
I am a member in good standing of the Bar of the Commonwealth of Massachusetts. This
opinion is limited to the laws of the Commonwealth of Massachusetts and I have not considered
and express no opinion on the laws of any other jurisdiction, including United States federal laws
and rules and regulations (including any federal income tax laws) relating thereto. The opinions
expressed are rendered only with respect to Massachusetts laws, rules, regulations and orders
thereunder that are currently in effect and known.
The Felt Building
47 Federal Street · Salem, MA 01970 · (978) 744-2800 · (978) 744-0024 fax
cfhemsey@hemseyjudge.com
Based upon the foregoing, and upon our examination of such questions of law and statutes
of this jurisdiction as I have considered necessary or appropriate, and subject to the assumptions,
qualifications, limitations and exceptions set forth herein, I am of the opinion that:
1.Harriet R. Tarr a/k/a Harriet R. Tarr-Kilroy purchased real property known and
numbered as 2-4 Forrester Street, Salem, Massachusetts by deed dated August 10, 1992 and
recorded in Essex South Registry of Deeds in Book 11442, Page 516;
2.Harriet R. Tarr a/k/a Harriet R. Tarr-Kilroy transferred the real property known and
numbered as 2-4 Forrester Street, Salem, Massachusetts by deed dated August 29, 2002 to
herself and her husband, James H. Kilroy, which was recorded in Essex South Registry of
Deeds in Book 19176, Page 365;
3.James H. Kilroy transferred his interest in the real property known and numbered as
2-4 Forrester Street, Salem, Massachusetts by deed dated June 16, 2014 to his wife, Harriet
R. Tarr-Kilroy, which was recorded in Essex South Registry of Deeds in Book 33345, Page
37;
4.Adam Schoenhardt purchased real property known and numbered as 2-4 Forrester
Street, Salem, Massachusetts by deed dated March 31, 2022 recorded in Essex South Registry
of Deeds in Book 40831, Page 599;
5.Jon M. Cahill purchased real property known and numbered as 52 Essex Street,
Salem, Massachusetts by virtue of a deed recorded in Essex South Registry of Deeds in
Book 18627, Page 242 on April 26, 2002;
6.Jon M. Cahill granted an easement to James H. Kilroy and Harriet R. Kilroy when
they owned 2-4 Forrester Street, Salem MA by virtue of a Grant of Easement recorded on
November 27, 2002 in Essex South Registry of Deeds in Book 19696, Page 179 for
consideration paid of $11,000.00;
7.The easement reads in pertinent part and gives to 2-4 Forrester Street, Salem, MA an:
exclusive permanent easement (the “Easement”) to use and occupy
for all purposes, that area (the “Easement Area”) shown as “Lawn and
Garden Easement” on a plan entitled “Easement Plan of Land in
Salem, Ma. Scale l” = 30', November 22, 2002” by Coastal Survey,
Wadsworth Village - Danvers Building, 130 Centre St. Danvers, Ma,
01923 (the “'Easement Plan”) attached hereto as Exhibit A. The
foregoing notwithstanding, under no circumstances shall the Kilroys
or their successors in interest as beneficiaries of the Easement pave
the Easement Area (other than that area shown as “Permissive Paving
Area” on the Easement Plan) or construct thereon any structure or
improvement which will increase the assessed value of the Easement
Area as determined by the City of Salem. Included in the Easement is
the right to erect and maintain a fence along the boundary of the
Easement Area. The Easement shall be binding upon, and shall run
for the benefit of, as the case may be, the respective parties hereto, and
their heirs, successors, transferees and assigns. By the acceptance of
this easement, the Kilroys agree for themselves and their successors and
assigns to be solely responsible for the maintenance of the Easement
Area and to indemnify and hold harmless Cahill and his successors
and assigns in interest of the Cahill Property from any loss, claim,
damage, or cause of action arising out of or in connection with the
exercise of any rights herein granted.
8.When an easement is created, the terms within the grant govern the application of
the easement. See Marden v. Mallard Decoy Club, Inc.,361 Mass. 105 (1972). Furthermore,
the provisions of the easement must be interpreted to give effect to their plain meaning. See
Educational Electronics, Inc. v. Brookline Trust Co.,2 Mass. App. Ct. 866 (1974);
9.By virtue of the plain language, the easement is a permanent one that runs with the
land and benefits the record owner of 2-4 Forrester Street, Salem, MA, which is now the
applicant, Adam Schoenhardt;
10.By virtue of the plain language, the right to use the subject property is vast in terms
of the specific uses which are defined as “for all purposes” subject only to two express
restrictions;
11.The first restriction is relative to paving the area, which upon information and belief
is inapplicable to the within application;
12.The second restriction, which is believed by me to be applicable to the subject
application, states expressly that one cannot “construct thereon any structure or
improvement which will increase the assess value of the Easement Area as determined by
the City of Salem;
13.As such, per the plain language of the easement, the only restriction to the erection
of any structure is that which would affect detrimentally the assessed value of the property
subject to the easement itself;
14.If a structure is erected that encroaches on the Easement Area, but does not result in
the increase of a tax assessment to the Easement Area, then the applicant is permitted to
such a use of that easement, such to further obligations to indemnify and hold harmless as
specified in the easement itself;
15.As part of his due diligence, Mr. Schoenhardt did request information on any tax and
assessment ramifications of the proposed shed;
16.On December 2, 2025, the Director of Assessing for the City of Salem opined that
since the proposed shed would be more than 50% on 2-4 Forrester Street, Salem, MA, that
any taxable increase, if any at all, would be assessed on 2-4 Forrester Street and not on 52
Essex Street, thereby satisfying the condition stated within the easement.
This opinion letter may not be circulated, quoted or referred to, or be used or relied upon by
any other person or for any other purpose without, in each instance, our prior written consent. This
opinion speaks as of the date of issuance, and we assume no responsibility to update or supplement
this opinion.
Very truly yours,
HEMSEY JUDGE, P.C.
By:
Christopher F. Hemsey, Partner