This action was commenced by plaintiffs William Evans and Linda Evans on June 30, 2006, seeking to establish title by adverse possession to a portion of land adjacent to their property (hereinafter Disputed Area), which is owned of record by defendant Metuxet Woods, LLC. Defendants Michael Georges and Charles Peiper are managers of this LLC.
On July 18, 2006, plaintiffs filed an Application for Preliminary Injunction seeking to enjoin the defendants from building on the Disputed Area. The motion was argued before the Court (Trombly, J.) on July 25, 2006, and taken under advisement. On August 2, 2006, the Court issued a preliminary injunction.
Trial was held on February 12, 2008. The transcript was recorded by court reporter Karen Smith. During the trial the witnesses were sequestered. Plaintiffs called two (2) witnesses and defendants called none. Thirty-Four (34) exhibits were admitted into evidence; all exhibits are incorporated herein for the purposes of any appeal.
After carefully considering all of the evidence, the Court entered a Decision, ruling that the plaintiffs have acquired title by adverse possession to a portion of the Disputed Area, because they have satisfied all of the elements necessary for such a finding. The Court ruled, however, that plaintiffs adverse possession claim to the northwesterly section of the Disputed Area fails for lack of proof of their actual use of the area for a twenty year period.
In accordance with that Decision it is hereby
ADJUDGED and ORDERED that plaintiffs have acquired title by adverse possession to the portion of the Disputed Area as shown on the attached Decision Sketch (the measurements marked on this sketch are approximate); and it is further
ADJUDGED and ORDERED that plaintiffs have not acquired title by adverse possession to the northwesterly section of the Disputed Area as also shown on the Decision Sketch and marked Metuxet Defendant.
By the Court (Trombly, J.)