PETER H. HENRY and JEANNE L. HENRY v. ALFRED J. MAININI and the HEIRS AT LAW OF LEON A. MAININI

Plaintiffs, Peter Henry and Jeanne Henry, commenced this action on May 27, 2008, seeking to quiet title to a parcel of real property, known as and numbered 15 Learned Road in Ashland (the “Premises”), of which they claim to be owners of record. The plaintiffs state in their complaint that they have maintained actual possession of the Premises adversely, continuously, exclusively, openly, and notoriously since 1978, thus establishing title by adverse possession and overcoming an apparent “glitch” in their record title. The Defendants, possible owners of a fractional interest in the premises, filed an answer alleging that the plaintiffs have failed to meet their burden of proof that they have adversely possessed the Premises sufficiently to establish title.

On January 6, 2009, defendant Alfred J. Mainini, having failed to file a responsive pleading, was defaulted pursuant to Mass. R. Civ. P. 55(a). Trial was held on April 28, 2009. By agreement of the parties, no court stenographer was present but the testimony was electronically recorded. Both Plaintiffs testified on their own behalf. Defendants called no witnesses. Exhibits 1-4 were admitted into evidence by agreement. Plaintiffs and Defendants each filed a Post-Trial Brief, the former on May 28, 2009, and the latter on June 1, 2009.

After careful consideration of all of the evidence, the Court entered a Decision today, ruling that Plaintiffs have established title by adverse possession to the Premises.

In accordance with that Decision, it is hereby:

ADJUDGED and ORDERED that Plaintiffs, Peter H. Henry and Jeanne L. Henry have established title by adverse possession to the parcel of land, known as and numbered 15 Learned Road in Ashland, said land being more fully described in a deed from Aurora P. Mainini, Executor [sic] of the Estate of Aniceto G. Mainini, Marble L. Mainini, Frederick W. Mainini, and Claire Bertorelli to Peter H. Henry and Jeanne L Henry, dated February 28, 1978, and recorded with the South Middlesex Registry of Deeds in Book 13397, Page 577.

By the Court (Trombly, J.)