MISC 09-404637

March 13, 2014

Suffolk, ss.

Scheier, J.


Plaintiff and Defendant-in-Counterclaim Eamonn Solan initiated this action to recover possession under G. L. c. 237, and to quiet title under G. L. c. 240, of property located at 265 West Second Street in South Boston, to which he holds record title (Solan Property). The LaFaces, owners of the adjoining lot at 263 West Second Street, filed an answer and counterclaim on August 3, 2009. [Note 1] In their counterclaim, the LaFaces seek to establish title to the Solan Property by adverse possession or, alternatively, a prescriptive easement over the Solan Property for certain encroachments onto the Solan Property.

Three days of trial were held on October 27 and 28, 2012, and July 1, 2013. A decision of today’s date has issued. In accordance with that decision, it is hereby:

ADJUDGED and DECLARED that Eamonn Solan’s ownership interest in the Solan Property is free and clear of any right, title, or interest of Salvatore LaFace and Victoria LaFace; it is further

ADJUDGED and ORDERED that Defendants have not established adverse possession to the Property, except for the portions of the Property on which two chimneys are located; it is further

ADJUDGED and ORDERED that Defendants have the benefit of a prescriptive easement for the bathroom vents that encroach on the Property, and they may be maintained in their current location; it is further

ADJUDGED and ORDERED that the LaFaces have failed to establish a prescriptive easement for the encroaching decks, and the encroachments must be removed at the LaFaces’ expense; and it is further

ADJUDGED and ORDERED that neither Plaintiff nor Defendants are entitled to damages or attorney’s fees.

If no appeal is filed from this Judgment, Defendants may record an attested copy of this Judgment with the Suffolk County Registry of Deeds upon the payment of applicable recording fees.


[Note 1] Later amended on August 10, 2013.