Plaintiffs filed their unverified Complaint on March 28, 2012, pursuant to G. L. c. 240, § 1 and G. L. c. 231A, § 1, seeking a try title action and a declaratory judgment relative to the existence of an easement over property located at 181 Follen Road, Lexington (Plaintiff Property). Defendant filed its Answer on May 1, 2012. A case management conference was held on June 11, 2012. Plaintiffs filed their Motion for Summary Judgment on September 11, 2012, together with supporting memorandum and Appendix containing Affidavits of Jonathen Bollen, P.L.S., Lin Huey Chen, Luciana Correia, and Matthew Iverson, Esq. On October 11, 2012, Defendant filed its Opposition, together with supporting memorandum and Appendix containing Affidavits of John Livsey, P.E. and Nina L. Pickering-Cook, Esq. Plaintiffs filed their Reply on October 18, 2012. A hearing was held on the motion on October 22, 2012, and the matter was taken under advisement. A decision of todays date (the Decision) has been issued.
In accordance with the accompanying Decision, it is hereby:
ORDERED AND ADJUDGED that Defendant has not met its burden of proof that it provided the statutorily-mandated written notice to James E. and Lois L. Gallagher, Plaintiffs predecessors in interest.
ORDERED AND ADJUDGED that Defendant did not intend to take the Disputed Area (the triangular discrepancy of 325 square feet between the westerly boundary of Plaintiff Property and the easterly boundary of Lexington Avenue, as shown on a plan titled Plan of Land in Lexington, Massachusetts (Middlesex County) for Chen, dated October 21, 2010 and prepared by Stamski and McNary, Inc.) as a part of the Order of Taking dated April 9, 1962.
ORDERED AND ADJUDGED that Plaintiffs Motion for Summary Judgment is ALLOWED.
By the court. (Sands, J.)