Plaintiff filed his unverified Complaint on April 22, 2008, seeking: (1) a declaratory judgment for adverse possession pursuant to G. L. c. 231A, § 1 relative to the ownership of a four-foot wide parcel of land (the Disputed Area) between property owned by Plaintiff located at 4 Orne Street, Marblehead, Massachusetts (Plaintiff Property) and property owned by Defendants Dorothy M. Bennett and Thad C. Danielson (Bennett/Danielson) located at 2 Orne Street, Marblehead (Defendant Property); and (2) to require Bennett/Danielson to try title pursuant to G. L. c. 240, § 1. [Note 1], [Note 2] Bennett/Danielson filed their Answer on June 6, 2008. The Mortgagees filed their Answer and Counterclaim on June 19, 2009, seeking a declaratory judgment pursuant to G. L. c. 231A, quiet title pursuant to G. L. c. 240, § 6, and try title pursuant to G. L. c. 240, §1, relative to the Disputed Area.
Plaintiff filed his Motion for Summary Judgment on February 23, 2009, together with supporting memorandum and proposed Stipulation of Facts. On March 10, 2009, Bennett/Danielson filed their Opposition. [Note 3] The Mortgagees filed their Opposition on July 23, 2009. A summary judgment hearing was held on July 27, 2009, at which time the motion was taken under advisement. A decision of todays date has been issued.
In accordance with that decision it is:
ORDERED and ADJUDGED that the northeasterly boundary of Defendant Property is (consistent with the mortgage dated March 28, 1942, given by Charles J. Carlson on Defendant Property to Marblehead Savings Bank, and all deeds following) as follows: Northeasterly by land of Doliber, this boundary line is parallel with the Northeasterly side of the dwelling house and four (4) feet distant therefrom.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is denied.
By the court. (Sands, J.)
[Note 1] Plaintiff filed his Amended Complaint on March 16, 2009, adding Defendants mortgagees and/or nominees Mortgage Electronic Registration Systems, Inc., WMC Mortgage Corporation, and Countrywide Home Loans, Inc. (the Mortgagees) as Defendants.
[Note 2] Plaintiff and Bennett/Danielson have stipulated to dismiss the adverse possession claim. Plaintiff has also withdrawn his allegation that the ownership of the Disputed Area is related to zoning compliance.
[Note 3] Bennett/Danielson filed their Amended Memorandum in Opposition on April 24, 2009.