Massachusetts Superior Court April 9, 2004, No. 960401 (Donohue v. Bateman)

Fecteau, J.

This is an action that seeks declaratory relief in connection with a reservation of rights that originated in a deed from 1867.1 The parties agree that an actual case or controversy exists over the interpretation of a right vested in the plaintiff to “occupy” a portion of the land of the defendants, as the plaintiff contends that the right includes the parking of vehicles.