This action was filed by Sharon B. Loughlin (Plaintiff) on July 14, 2008 seeking to clear her title to a parcel of land on Terry Road in West Springfield. An Answer was filed by the Defendants contending that they have established title by adverse possession to the disputed area by virtue of acts of dominion on the property by themselves and their predecessors in title.
The matter has been on the Court docket on several occasions for conferences and various motions. Finally, trial took place in Boston on March 1, March 2, and March 23, 2011 at which seven witnesses testified and eleven exhibits, some with multiple parts, were admitted into evidence. The testimony was reported. A Decision has been entered today finding and ruling that Plaintiff has established record title to the disputed area and that Defendants have not met their burden of proof on their claim to have established title to the disputed area by adverse possession. In accordance with that Decision, it is hereby
ORDERED and ADJUDGED that Plaintiff has established record title to the property on Terry Road in West Springfield described in a deed to her dated November 3, 2006 and recorded at the Hampden County Registry of Deeds in Book 16314, Page 65. The land is more fully shown on a Plan of Land in West Springfield owned by Sharon B. Loughlin and Keith P. Gage, dated January 18, 2008, R. A. Foresi Associates, Land Surveyors, a copy of a portion of which is attached hereto. It is further
ORDERED and ADJUDGED that Defendants have not met their burden of proof on their claim to own the disputed portion of that property by adverse possession. It is further
ORDERED and ADJUDGED that the Defendants remove from the disputed land any fence or fences which they erected thereon in or about 2002.
By the Court. (Trombly, J.)
[Note 1] All words and terms used in this Judgment carry the same definitions as employed in the Decision entered today.