ENOC NIEVES and EMILIA NIEVES v. GUERTIN REALTY TRUST, EMERY J. GUERTIN, TRUSTEE

Plaintiffs Enoc and Emilia Nieves are the record owners of the property located at 3 Roxanna Street in Framingham, shown as Lot 12 on the attached Exhibit 1. In this action, they also claim title by adverse possession to approximately 1,177 square feet of the abutting Lot 11 (the “disputed area”), which is owned by defendant Emery Guertin, as trustee of the Guertin Realty Trust (the “Guertin property”). The disputed area includes a portion of the Nieves’ driveway (the “driveway area”) and a grassy area between the driveway and what the plaintiffs characterize as a “tree line” on Lot 11 (the “lawn area”). See Ex. 1.

For the reasons set forth in the court’s Memorandum and Order on the Parties’ Cross-Motions for Summary Judgment, dated December 29, 2006, the plaintiffs have established title by adverse possession to the driveway area.

For the reasons set forth in the court’s Decision of this date, the plaintiffs also have established title to the lawn area by adverse possession.

SO ORDERED.

By the court (Long, J.)