Home EDWARD J. SAAB, TRUSTEE OF MERIAM STREET NOMINEE TRUST v. PETER E. KOSTORIZOS, TRUSTEE OF THE PETER E. KOSTORIZOS REVOCABLE TRUST OF 2005, and ANNE T. KOSTORIZOS, TRUSTEE OF THE ANNE T. KOSTORIZOS REVOCABLE TRUST OF 2005

MISC 06-335736

November 26, 2012

MIDDLESEX, ss.

Grossman, J.

JUDGMENT

This cause came to be tried and a decision of even date entered. In accordance therewith, it is hereby

ORDERED and ADJUDGED that for the reasons specified in the said Decision, that the deed dated July 2, 1965, and recorded with the Middlesex South District Registry of Deeds at Book 10863, Page 212, was not intended to, and did not alter the common boundary in dispute.

ORDERED and ADJUDGED that the location of the disputed boundary is as depicted in the Noonan Plan, Exhibit 7. It is further

ORDERED, ADJUDGED and DECLARED that the plaintiff, Edward J. Saab as Trustee of the Merriam Street Nominee Trust, holds record title to the disputed strip, free and clear of any interest of the defendants. It is further

ORDERED, ADJUDGED and DECLARED that the defendants, Peter E. Kostorizos, as trustee of the Peter E. Kostorizos Revocable Trust of 2005, and Anne T. Kostorizos, as trustee of the Anne T. Kostorizos Revocable Trust of 2005, have no cognizable interest in the disputed strip. It is further

ORDERED and ADJUDGED that the defendants are hereby ORDERED to remove any and all improvements made by them or attributable to them, in the disputed strip or area, including, but not limited to, the retaining wall and shrubbery. This removal is to be completed as soon as weather shall permit, but in no event later than five months from the date of this Decision.

By the court. (Grossman, J.)