Plaintiff William and defendant George McDonald are brothers and, through trusts, own adjoining properties in Woburn which they acquired when the former family home-place was divided by their parents. Over time, George has put fill and pavement on portions of Williams land (the disputed area, as shown on attached Exhibit A). William brought this suit, in trespass, seeking the removal of the fill and pavement, as well as damages and a permanent injunction prohibiting any further such incursions. George responded by claiming adverse possession of the disputed area or, alternatively, a prescriptive easement.
For the reasons set forth in the courts Decision of this date, Georges claims for adverse possession and prescriptive easement are DISMISSED IN THEIR ENTIRETY, WITH PREJUDICE. William owns the disputed area, free and clear of those claims. George is PERMANENTLY ENJOINED from using or interfering with the disputed area, and William may remove the fill and pavement on his property if he so wishes. Williams request that George be ordered to remove the fill and pavement or, in the alternative, pay for their removal, and his request for other money damages is DENIED.
By the court (Long, J.)