Home WILLIAM P. McDONALD, individually and as trustee of the William P. McDonald Trust v. GEORGE E. McDONALD, as trustee of the GEM Realty Trust

MISC 274915

December 24, 2008


Long, J.


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 William’s 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 court’s Decision of this date, George’s 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. William’s 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.)