Plaintiff Judith Paige (Paige) owns property at 261 Beach Avenue in Hull (Paige Property), and Defendant Anna M. Berik (Berik) owns 259 Beach Avenue (Berik Property). The two houses on the parties properties are separated by an approximately ten-foot wide strip of land (Open Area). Berik holds record title to approximately 246 square feet of the Open Area (Disputed Area), and Paige holds record title to approximately 391 square feet of the Open Area.
Paige initiated this action on February 19, 2013, claiming ownership of the portion of the Disputed Area by way of adverse possession, arguing that she and her predecessors-in-title have used it as a driveway, to park vehicles, and for access to the rear of the Paige Property for more than the requisite twenty-year period. Alternatively, Paige claims a prescriptive easement for parking in the Disputed Area.
One day of trial was held on July 31, 2014. A decision of todays date has issued. In accordance with that decision, it is hereby:
ADJUDGED and ORDERED that Paige has not established title by adverse possession of the Disputed Area; and it is further
ADJUDGED and ORDERED that Paige has failed to establish a prescriptive easement for parking or any other purpose within the Disputed Area.
By the Court.