PAUL S. D'ALIO and TAMMY A. D'ALIO v. ANITA K. VOLPE

Plaintiffs Paul S. D’Alio and Tammy A. D’Alio commenced this action in this court on October 20, 2005. Defendant Anita K. Volpe filed her answer on November 9, 2005, and a motion to amend the answer was allowed by the court January 19, 2006.

Plaintiffs own of record and reside at a parcel of land shown as lot 10 (“Lot 10") on a plan (“1955 Recorded Plan”) of land entitled “Subdivision Plan of Land in Hopedale, Mass., owned by James A. Quinn and Edward J. Malloy, Sept., 1955, Scale 1"=50', Eastman and Corbett Inc., Civil Engineers, Milford, Mass.”and recorded in the Worcester (Southern District) Registry of Deeds (“Registry”) in Plan Book 219 as Plan 113, which lot is located at 15 Malquinn Drive in Hopedale, and which was conveyed to the plaintiffs by deed (“1989 D’Alio Lot 10 Deed”) by the defendant and Michael J. D’Alio, which deed is dated January 20, 1989 and recorded in the Registry in Book 11889, Page 124.

The defendant owns of record and resides at an abutting parcel of land shown as lot 11 (“Lot 11") on the 1955 Recorded Plan, which lot is located at 13 Malquinn Drive in Hopedale, and which was conveyed to the defendant and others by deed (“1956 Quinn and Malloy Lot 11 Deed”) of James A. Quinn and Edward J. Malloy, which deed is dated October 10, 1956 and recorded in the Registry in Book 3814, Page 59. Albert R. Buroni and Dena R. Buroni, husband and wife, conveyed to the defendant and Michael J. D’Alio all their right, title and interest in Lot 10 as well as another parcel of land by deed (“1967 Buroni Deed”) dated October 26, 1967 and recorded in the Registry at Book 5934, Page 32.

The parties in this action dispute their ownership of, and other rights in and to, a strip of land (“Disputed Strip”) which lies between Lot 10 and Lot 11 as shown on the 1955 Recorded Plan. The Disputed Strip is depicted on the 1955 Recorded Plan as a rectangle measuring 40.00 feet by 69.80 feet. The westerly boundary of the Disputed Strip runs along the easterly boundary of Lot 11 for that distance of 69.80 feet, starting, on the south, along the northerly boundary of land (“Worcester County Electric Co. Land”) shown on the 1955 Recorded Plan as “Worcestor [sic] County Electric Co.” The easterly boundary of the Disputed Strip runs along the westerly boundary of Lot 10 for the same distance, 69.80 feet, starting, on the south, along the northerly boundary of the Worcester County Electric Co. Land.

This matter came on to be tried to the court (Piper, J.) which, in a decision of even date, has made findings of fact and rulings of law. In accordance with the court's decision issued this day, it is

ORDERED, ADJUDGED and DECLARED that the Disputed Strip is owned of record by the parties as follows: The westerly half of the Disputed Strip (“Defendant’s Strip”), a rectangle measuring 20.00 feet by 69.80 feet, the westerly boundary of which is the easterly boundary of Lot 11, is owned of record in fee by the defendant. The easterly half of the Disputed Strip (“Plaintiffs’ Strip”), a rectangle measuring 20.00 feet by 69.80 feet, the easterly boundary of which is the westerly boundary of Lot 10, is owned of record in fee by the plaintiffs, as husband and wife, tenants by the entirety. It is further

ORDERED, ADJUDGED and DECLARED that defendant has no right, title, or interest in and to, nor any right to use or enter upon, Plaintiffs’ Strip. It is further

ORDERED, ADJUDGED and DECLARED that plaintiffs have no right, title, or interest in and to, nor any right to use or enter upon, Defendant’s Strip. It is further

ORDERED and ADJUDGED that this Judgment, or a certified copy of it, may (upon payment of all fees therefor required by law to be paid) be recorded in the Registry, and may there be referenced upon the margins of the 1989 D’Alio Lot 10 Deed, the 1956 Quinn and Malloy Lot 11 Deed, and the 1967 Buroni Deed.

By the Court. (Piper, J).