This action, commenced November 2, 2009 in the Superior Court Department, Middlesex Division, and later transferred to this court pursuant to G. L. c. 212, § 26A, concerns the parties ownership rights in a 909 +/- square foot parcel of land (Disputed Area) in Wilmington, Middlesex County, Massachusetts. The parties own improved residential lots that share, in the rear of each of the lots, a common record boundary line. The Disputed Area lies where the two record parcels meet each other. [Note 1] Plaintiff David Doucette seeks in this action to establish ownership of the Disputed Area by adverse possession. The defendant Sonia Nix by answer denies the plaintiff has any title to the Disputed Area and by counterclaim alleges (and seeks relief for) trespass by the plaintiff on the Disputed Area.
The Disputed Area is owned of record by defendant Sonia Nix. [Note 2] She is the record owner of the improved residential land (Nix property) with a street address of 18 Grand Street, Wilmington, Massachusetts. According to the deed by which she and her late husband acquired title, dated March 9, 1989 and recorded with the Middlesex County (North District) Registry of Deeds ( Registry) in Book 4325, Page 13, the Nix property of record consists of 17,500 square feet of land and is, based on the description used in the deed, that shown as Lot A on a plan of land (1982 Morris Plan) titled Plan of Land in Wilmington, Mass. Drawn for: Benjamin & Sarah Voles dated September 23, 1982, prepared by Robert P. Morris, R.L.S. and recorded with the Registry in Plan Book 137, Plan 138.
Mr. Doucette (and his wife Linda Doucette, who is not a party), are the record owners of the improved land (Doucette property) with a street address of 9 Canal Street, Wilmington, Massachusetts. The Doucettes deed is dated October 29, 1985 and recorded with the Registry in Book 3234, Page 52. The Doucette property consists of 19,400 square feet of land and is shown as Lot B on the same recorded 1982 Morris Plan.
This case came on to be tried to the court (Piper, J.). In a decision (Decision) of even date, the court has made findings of fact and rulings of law.
In accordance with the courts Decision issued today, it is
ORDERED, ADJUDGED, and DECLARED that the defendant Sonia Nix holds her fee title to the Nix property, including the Disputed Area, free of any right, title, or interest of the plaintiff David Doucette (and of anyone holding by, through or under him), whether of record or not (including any right, title, or interest alleged by plaintiff to have been acquired by adverse possession, prescription, or use), the plaintiff having failed to prove he has any such right, title, or interest in and to the Nix property, including the Disputed Area. It is further
ORDERED and ADJUDGED that, within sixty days of this Judgment becoming final (or within such further time as the parties may in writing agree), the plaintiff David Doucette shall at his own risk and expense, in a good, safe, and workmanlike manner, and in compliance with all applicable laws, remove or cause to be removed from the Disputed Area any equipment, supplies, vehicles, materials or other personal property or fixtures (including the flag pole) which are present within the Disputed Area. It is further
ORDERED AND ADJUDGED that the plaintiff David Doucette (and his agents, contractors, representatives, employees, family members, associates and others who have knowledge of this Judgment and are acting for or with him or at his direction) are permanently ENJOINED and RESTRAINED from entering onto the Disputed Area or any other portion of the Nix property without the express permission of the owner of the Nix property or of this or another court of competent jurisdiction, except as contemplated in the preceding paragraph of this Judgment and as reasonably necessary to carry into effect the provisions of that paragraph. It is further
ORDERED and ADJUDGED that, upon payment of all fees required by law, once this Judgment has become final, it or a certified copy of it may be recorded in the Registry and there may be referenced marginally on the records of the deeds under which the parties hold their titles. It is further
ORDERED and ADJUDGED that no damages, costs, fees, or other amounts are awarded to any party. It is further
ORDERED and ADJUDGED that this Judgment adjudicates this action in its entirety, as to all parties, claims, and counterclaims, and no other relief is afforded to any party beyond that set forth in this Judgment.
By the Court.
[Note 1] The Disputed Area is that shown as Encroachment on the August 10, 2007 plan drawn by John B. Paulson, Trial Exhibit 44. All terms used but not otherwise defined in this Judgment have the meanings ascribed to them in the courts decision of even date in this case.
[Note 2] Tracy Nix was the husband of defendant Sonia Nix and with her owned the parcel of land at 18 Grand Street. Named as a defendant, he passed away during the pendency of this action on August 9, 2012, leaving Sonia Nix as the sole owner and defendant. The pleadings name Mr. Nix as Tracy although conveyancing documents in the record spell his given name as Tracey. The parties concur that Ms. Nix has succeeded to full ownership of the disputed land following the death of her husband.