On January 6, 2003, Mark E. Sullivan and Michael G. Sullivan, trustees, as owners of property known as 10-10A Avon Street, Wakefield initiated this action by filing a Verified Complaint against their abutters, Laurence S. Tecce, Jr., and Laura Tecce, owners of property at 12 Avon Street, Wakefield. In their Amended Verified Complaint, Plaintiffs seek a declaration that they have acquired title by adverse possession to a strip of land (Disputed Area) that forms a portion of the paved driveway that separates the parties properties. In the alternative, Plaintiffs ask the court to declare that they have acquired prescriptive rights to use the Disputed Area for parking vehicles.
A decision of todays date has issued in favor of Defendants. In accordance with the decision, it is hereby
ADJUDGED and DECLARED that Plaintiffs have not acquired title to the Disputed Area by adverse possession; it is further
ADJUDGED and DECLARED that Plaintiffs have not acquired a prescriptive easement to use the Disputed Area; it is further
ADJUDGED and ORDERED that Plaintiffs, and those acting by, through, or under them are permanently enjoined from entering upon and using the Disputed Area; it is further
ADJUDGED and ORDERED that Plaintiffs shall reimburse Defendants the sum of $750 for the removal of Defendants fence; and it is further
ADJUDGED and ORDERED that Defendants are not entitled to any compensation for conversion under Count V. of their counterclaim.
By the court. (Scheier, C.J.)