By verified complaint filed November 12, 2009, Plaintiff Theodore J. Lee sought to establish title by adverse possession to a portion of real property located on Garnet Avenue in Falmouth and owned of record by Defendants R. Elaine Sullivan, John J. Sullivan and Rosemary C. Kimball. Defendants filed an answer and counterclaim alleging trespass by Plaintiff. A two-day trial was held on March 29 and 30, 2011, at which the Court heard testimony from seven witnesses. Thirty-eight exhibits, some with multiple parts, were admitted into evidence. The testimony was reported.
A Decision has entered today finding and ruling that Plaintiff has established title by adverse possession to a portion of the land he claimed in his complaint. In accordance with that Decision, it is
ORDERED and ADJUDGED that by virtue of his actions during the period between 19086 and 2008, Plaintiff established title by adverse possession to the portion of Defendants' property which includes the current dimensions of Plaintiff's driveway and the width of the cobblestones, shown as "Area Acquired by Adverse Possession" on the Decision Sketch attached to the Decision and to this Judgment. It is further
ORDERED and ADJUDGED that Plaintiff has not acquired title by adverse possession beyone the Southerly line of the driveway as shown on said Decision Sketch.
By the Court. (Trombly, J.)
[Note 1] All terms and phrases used in this Judgment carry the same definitions as employed in the Decision entered this day.