BENJAMIN G. SIEBECKER and JANE B. SIEBECKER vs. TONI OREFICE, EXECUTOR OF THE ESTATE OF ELAINE OREFICE.

Plaintiffs Benjamin G. Siebecker (“Benjamin”) and Jane B. Siebecker (together, “Plaintiffs”) filed their Petition for Registration on July 24, 2009, pursuant to G. L. c. 185, seeking to register property located at 159 and 159R Elm Street, Amesbury, MA (“Plaintiff Property”). Peter J. Cocciardi, Esq. was appointed as Title Examiner on July 28, 2009. A case management conference was held on September 24, 2009. Defendant Lynda G. Hartwell (“Hartwell”) filed an appearance on January 11, 2010. On September 20, 2010, Plaintiffs filed their Motion to Sever and Dismiss, removing from the registration a portion of the Private Way abutting Plaintiff Property and land of Hartwell, which motion was allowed on November 9, 2010. [Note 1] On October 27, 2011, a citation was issued for publication in the Newburyport Daily News, returnable December 5, 2011. On December 5, 2011, Answers were filed by Defendants James Darsney and Kris Giacchetti, and Samantha Racki. Defendant Toni Orefice, Executor (“Orefice”) filed her Answer on April 3, 2012. A citation by the Deputy Sheriff to Betsy Ignacio and Hartwell was issued on April 19, 2012, returnable on May 21, 2012. On the same day, Special Notice was issued to David Janvrin, Michael K. Murphy, and Deborah M. Murphy, returnable on May 21, 2012. Plaintiffs filed a Motion to Default All Parties Who Have Not Filed an Answer on August 7, 2012. On November 29, 2012, a citation by the Deputy Sheriff was issued to David Janvrin, returnable on December 31, 2012. A pre-trial conference was held on December 3, 2012. A site view and the trial at the Newburyport District Court were held on April 19, 2013. Orefice was the only Defendant to appear before the court. On October 30, 2013, this court allowed Plaintiff’s August 7, 2012 Motion to Default All Parties Who Have Not Filed an Answer, leaving Orefice as the sole Defendant at Trial. [Note 2] After Plaintiffs’ evidence, Orefice moved for a Directed Verdict, which was denied. Both parties filed their Post-Trial memorandum on July 8, 2013, and at that time the matter was taken under advisement. A Decision of today’s date (the “Decision”) has been rendered. In accordance with the Decision it is:

ORDERED and ADJUDGED that Plaintiffs’ use of the portion of the Private Way shown as Lots 3 and 4 on the “Perimeter Plan” prepared for Plaintiffs by Cammett Engineering dated July 17, 2006 (the “Disputed Area") has been open and notorious for at least twenty years.

ORDERED and ADJUDGED that Plaintiffs’ use is an actual use of the Disputed Area.

ORDERED and ADJUDGED that Plaintiffs’ use of the Disputed Area was adverse and nonpermissive.

ORDERED and ADJUDGED that Plaintiffs’ use of the Disputed Area was exclusive.

ORDERED and ADJUDGED that Plaintiffs have established adverse possession over the entire Disputed Area and as a result are treated as fee owners of the Disputed Area.

ORDERED and ADJUDGED that Orefice abandoned the easement deeded in the Patterson Deed, dated June 10, 1925, and recorded with the Registry at Book 2643, Page 534, which granted the Orefice Property “[t]ogether with the right to pass and repass over a private way forty feet wide as at present laid out through land formerly of the Estate of Moses Collins from Elm St. to Collins Court” (the “Easement”).

ORDERED and ADJUDGED that Plaintiffs have met the requirements of extinguishment of the Easement relative to the Disputed Area.

ORDERED and ADJUDGED that Plaintiffs have effectively extinguished Orefice’s rights in the Easement.