In this action, commenced on August 19, 2008 with the filing of the complaint by plaintiffs Linda Ruggiero and David Yee (Plaintiffs), Plaintiffs ask the court to determine the common boundary between the lands owned by the Plaintiffs and the defendant, Rosine Cange (Defendant). Plaintiffs also seek the removal of any encroachments on their property and seek to enjoin the continuing trespass of Defendant.
This case came on for trial by the court (Piper, J.) which, in a decision issued this day, has made findings of fact and rulings of law.
In accordance with the courts decision issued today, it is:
ORDERED and ADJUDGED that the common boundary line between the Ruggiero-Yee Property [Note 1] and the Cange Property is that which is depicted on the survey plan titled Revere, Massachusetts Plan of Land Prepared for: Linda Ruggiero, 207 Bellingham Avenue, conducted by Reid Land Surveyors, and dated November 17, 2008 (Reid Survey Plan). It is further
ORDERED and ADJUDGED that the Ruggiero-Yee Property, known as 207 Bellingham Avenue, Revere, Massachusetts, including the Disputed Area, the roughly triangular piece of property shown on the Reid Survey Plan and more particularly described and defined in the Decision of the court issued this day, is owned by Plaintiffs in fee free of any rights, title, or interest of the Defendant or in favor of the Cange Property. It is further
ORDERED and ADJUDGED that so much of the open wooden landing, and of its steps, handrails, and associated lattice work, as well as any of the bituminous concrete walkway and landscaping, as lie within the Disputed Area, encroach without right onto the fee ownership by the Plaintiffs of the Ruggiero-Yee Property. It is further
ORDERED and ADJUDGED that Defendant, at her own risk and expense, remove or cause to be removed so much of the open wooden landing, and of its steps, handrails, and associated lattice work, as well as any of the bituminous concrete walkway and landscaping, as lie within the Disputed Area. The removal of these encroachments is to be carried out by the Defendant in a reasonable, lawful, and safe manner of her determination, and is to be completed within 120 days of the date this Judgment enters. It is further
ORDERED and ADJUDGED that no damages, costs, fees or other monetary amounts are awarded to any party.
By the Court. (Piper, J).
[Note 1] Terms not expressly defined in this Judgment have the meaning assigned to them in the courts Decision of even date.