Home FRANK EVANGELISTA, JR., and PAUL MALKOON v. STEVEN McCAFFERTY and MARY BETH PHAIR

MISC 07-342650

January 11, 2010

HAMPSHIRE, ss.

Scheier, C.J.

JUDGMENT

Plaintiffs initiated this action on March 9, 2007, by filing a complaint seeking a declaration of the parties’ rights in a 7.125 acre parcel of land in Belchertown, damages for Defendants’ alleged trespass, and equitable relief. [Note 1] On May 2, 2007, Defendants filed an answer, which included counterclaims for adverse possession, prescriptive easement, declaratory judgment, and to quiet title. The court took a view and a one-day trial was held at Northampton District Court on July 9, 2009.

A decision of today’s date has issued in Defendants’ favor, on their claim of adverse possession. In accordance with that decision, it is hereby

ADJUDGED and DECLARED that Defendants have established their title by adverse possession under color of title in and to a certain parcel of land consisting of 7.125 acres, more or less shown as Lot B on a plan entitled “Exhibit Plan of Land 199 Warner Street, Belchertown, MA (Hampshire County) Prepared by: Beals and Thomas, Inc., Date: July 1, 2009. It is further

ADJUDGED and ORDERED that Plaintiffs’ complaint hereby is DISMISSED.

By the Court (Scheier, C.J.)

FOOTNOTES

[Note 1] Plaintiffs’ complaint also included a count pursuant to G. L. c. 240, §§ 1-5, seeking to compel Defendants to come forward and try title to the property at issue. At the pre-trial conference, the parties indicated that they agreed that both parties have a claim of record title to the property in question, with Plaintiffs’ record claim predating Defendants’ record claim. Further they agreed that the try title count would not proceed.