Home MICHELLE L. MANWARE and DENNIS A. MURPHY, as tenants by the entirety v. WILLIAM J. FLYNN, JR. and

MISC 09-418268

May 20, 2011


Trombly, J.


The Plaintiffs, Michelle Manware and Dennis Murphy (“Murphy”), reside at 290 High Street, Duxbury, Massachusetts. The Defendants, William and Madeleine Flynn (“Flynn”), reside at 280 High Street, Duxbury, Massachusetts, and abut Murphy’s property. On December 17, 2009, Murphy filed a complaint asking the court to determine the boundary between the two properties pursuant to G. L. c. 240, § 6. [Note 2]

A one day trial was held on March 15, 2011, at the Land Court in Boston. The court heard testimony from five witnesses. There were thirty-seven (37) exhibits entered into evidence, some of which contained several sub-parts. The testimony was reported. A view of both properties was held on April 21, 2011, with attorneys for both parties, as well as both parties themselves, present. Following the filing of the trial transcript, the parties filed their post-trial briefs on May 2, 2011.

A decision entered for this case on this date, wherein this court determined that the grantor of both parcels intended for the boundary to be as shown in an ANR plan endorsed by the Duxbury Planning Board on November 29, 1994. A copy of the plan is attached to this judgment as Exhibit A. The court further found that Murphy failed to meet his burden of proof on the remaining three counts. Accordingly, it is hereby:

ORDERED and ADJUDGED that the description of the properties owned by the respective parties is as shown on the ANR Plan endorsed on November 29, 1994 and recorded at the Plymouth County Registry of Deeds in Plan Book 37, Plan 727; and it is further

ORDERED and ADJUDGED that this action be, and is hereby, dismissed with prejudice.

So Ordered

By the Court. (Trombly, J.)


[Note 1] Words and phrases included in this Judgment carry the same definitions as employed in the Decision entered this day.

[Note 2] Murphy also set forth a counts under G. L. c. 242, § 7 (willful trespass to trees), G. L. c. 266, § 115 (trespass in orchards and gardens), and common law trespass.