BRYANT BERNIER and JUDITH BERNIER v. NORMAN and MARIA FREDETTE; DAVID BECHTOLD; and STANLEY & KATHRYN CHABEREK
Piper, J.
The complaint in this action was filed August 4, 2008 and subsequently amended. This action concerns the location of a common boundary among lands owned by neighbors situated in the Town of Acushnet, Bristol County, Massachusetts. The case came on to be tried to the court (Piper, J.) which, in a decision [Note 1] of even date, has made findings of fact and rulings of law. In accordance with the court's decision, it is
ORDERED, ADJUDGED and DECLARED that the western boundary of Lot 16, described in the deed recorded in the Bristol County (South District) Registry of Deeds ("Registry") at Book 75, Page 423, and in a deed recorded at the Registry at Book 5503, Page 254, which boundary also serves as the eastern boundary of Lot 13, described in the deed recorded at the Registry in Book 200, Page 31, and in a deed recorded with the Registry at Book 4295, Page 299, is located on the ground as shown on the plan ("Bernier Trial Plan") entitled "Bernier Trial Plan, Lot 13 & 16" prepared for Bryant and Judith Bernier by Silva Engineering Associates, P.C., Civil Engineers, Land Surveyors & Environmental Consultants, 1615 Bedford Street, Bridgewater, Massachusetts 02324, on October 27, 2010, a copy of which is attached to the court's decision. It is further
ORDERED and ADJUDGED that defendant David Bechtold is hereby enjoined and ordered, within ninety days of the date this Judgment becomes final, to remove or cause to be removed from the Bechtold Disputed Area, in safe, lawful, good and workmanlike manner, at his own risk and expense, and having obtained all required permits and approvals, any improvements, structures, vehicles, machinery and any other personal items, and that, after and except only for the completion of the removal hereby ordered, defendant David Bechtold hereby is further permanently enjoined and restrained from entering upon the Bechtold Disputed Area, and from otherwise placing, using, utilizing, keeping, storing, or maintaining within or on the Bechtold Disputed Area any structures or improvements, and any items of personal property or belongings. It is further
ORDERED and ADJUDGED that Plaintiffs recover of the defendant David Bechtold nominal damages in the amount of $100. It is further
ORDERED and ADJUDGED that defendants Norman Fredette and Maria Fredette, and each of them, is hereby enjoined and ordered, within ninety days of the date this Judgment becomes final, to remove or cause to be removed from the Fredette Disputed Area, in safe, lawful, good and workmanlike manner, at their own risk and expense, and having obtained all required permits and approvals, any improvements, structures, vehicles, machinery and any other personal items, and that, after and except only for the completion of the removal hereby ordered, defendants Norman Fredette and Maria Fredette each hereby is further permanently enjoined and restrained from entering upon the Fredette Disputed Area, and from otherwise placing, using, utilizing, keeping, storing, or maintaining within or on the Fredette Disputed Area any structures or improvements, and any items of personal property or belongings. It is further
ORDERED and ADJUDGED that Plaintiffs recover of the defendants Norman Fredette and Maria Fredette, jointly and severally nominal damages in the amount of $100. It is further
ORDERED, ADJUDGED and DECLARED that the boundary of the land of the defendants Stanley Chaberek and Kathryn Chaberek with the land of the Plaintiffs is, by their agreement, as set forth in the boundary line agreement amongst them filed with the court July 12, 2010. It is further
ORDERED, ADJUDGED and DECLARED that nothing in this Judgment shall extend to, alter, impair, diminish, or affect the right, title and interest in the real property at issue in this case of any party other than the Plaintiffs and the defendants named and served in this proceeding in this court. It is further
ORDERED and ADJUDGED that, except as specifically provided in this Judgment, no damages, costs, fees, or other amounts are awarded, and no other relief is provided, to any party. It is further
ORDERED that, upon payment of all fees established by law, this Judgment, or a certified copy of it, may be recorded with the Registry, and there may be referenced marginally on the records of each of the most recent deeds under which each of the parties holds title. [Note 2]
By the Court. (Piper, J.)
FOOTNOTES
[Note 1] Terms not expressly defined in this Judgment have the meaning assigned to them in the court's decision of even date.
[Note 2] Should Plaintiffs elect to prepare and record a plan of Lot 16, or a plan of the boundary adjudicated by the court in this Judgment (and established in the boundary line agreement hereby approved), Plaintiffs may cause to be prepared at their expense such a plan, and may file it with the court and serve the plan on all other parties promptly after the time this Judgment becomes final, with a motion that the court issue an order approving the recordable plan as fully consistent with the adjudication of the boundary made in this Judgment (and established in the boundary line agreement) and allowing the plan to be recorded in the Registry. The court, after hearing the parties if necessary, will enter such an order, provided the submitted recordable plan is fully consistent with the adjudication of the boundary the court has made (and the establishment of the line in the boundary line agreement). If and when such a recordable plan has been submitted to and approved by the court, and such an order issues, the plan, accompanied by that order or a certified copy of it, may be recorded with the Registry.