RICHARD BAZARIAN and MARILYN BAZARIAN v. RONALD H. KHACHADOORIAN and PAMELA KHACHADOORIAN

Richard and Marilyn Bazarian (Bazarians), owners of property known as 10 Shaume Road in Falmouth, initiated this action on June 11, 2008, by filing a Complaint against their abutters, Ronald and Pamela Khachadoorian (Khachadoorians), owners of property known as 6 Shaume Road. Plaintiff’s Complaint seeks to quiet title pursuant to G. L. c. 240 § 6, alleging they have established title to an area roughly ten feet wide by one hundred and fifty-six feet long that forms the most easterly portion of the Khachadoorians’ property and runs parallel to the record boundary line of the parties’ properties. The Khachadoorians moved for summary judgment on the issue of estoppel on August 14, 2009. A hearing on that motion was held on August 17, 2009, with the court issuing an Order Denying Khachadoorians’ Motion for Summary Judgment due to the existence of disputed material facts.

A one-day trial was held on August 17, 2010, and a decision of today’s date in Defendants’ favor has issued. In accordance with that decision, it is hereby

ADJUDGED and ORDERED that Plaintiffs have not established adverse possession to any of the property owned by Defendants other than to the land on which a certain shed and fence were located, as shown on Sketch A attached to the decision; it is further

ADJUDGED and ORDERED that Plaintiffs are estopped from asserting their claim of adverse possession to the area on which the fence and shed were located; and it is

ADJUDGED and DECLARED that Defendants own their property free and clear of any right, title, or interest, of Plaintiffs.

So ordered.

By the court (Scheier, C.J.)