ZBIGNIEW CYTRYNOWSKI and ELIZABETH HEALY v. EDWARD MCDONALD

Zbigniew Cytrynowski and Elizabeth Healy Cytrynowski (Cytrynowskis) filed their Verified Complaint in this action on August 15, 2006, naming Edward McDonald (McDonald) as defendant. In the Verified Complaint, the Cytrynowskis sought to try title pursuant to G. L. c. 240, § 1 (Count I), sought damages for trespass (Count II), petitioned for injunctive relief (Count III), and petitioned for declaratory relief (Count IV). On September 18, 2006, McDonald filed his Verified Answer, Affirmative Defenses and Counterclaims and Motion for Lis Pendens (Counterclaim). The Counterclaim has five counts: Declaratory Judgment (Count I), Slander of Title (Count II), Abuse of Process (Count III), Interference with Advantageous Contractual Relationship (Count IV), and G. L. c. 231, § 6F (Count V). On October 23, 2006, the Cytrynowskis’ Motion to Amend Complaint was allowed and the Amended Complaint was filed, modifying Count I of the Verified Complaint from a try title action to a quiet title action pursuant to G. L. c. 240, § 6 (Complaint).

The Cytrynowskis are the record owners of 35 Cranberry Lane, Pembroke, Massachusetts, by a deed from Ray Bows dated March 30, 2001 and recorded on April 2, 2001 with the Plymouth County Registry of Deeds (registry) at Book 19603, Page 186 (Cytrynowski Property). McDonald is the record owner of 198 Furnace Lane, Pembroke, Massachusetts, by deed dated October 26, 2001 and recorded with the registry at Book 20773, Page 340 (McDonald Property).

This case was tried on September 17, 2015. The court heard closing arguments on December 9, 2015, and took the matter under advisement. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court’s Decision issued today, it is

ORDERED, ADJUDGED and DECLARED that, on Count I of the Complaint and Count I of the Counterclaim, the record boundary line between the Cytrynowski Property and the McDonald Property is located at the boundary shown in the 2006 survey completed by John Keefe (Keefe Survey), attached here as Exhibit A, based on the location of boundaries and monuments shown on a plan of land entitled “Plan of Cottage Lots at Furnace Pond, Pembroke, Mass.,” prepared for the Lot Phillips and Company Corporation (Lot Phillips) dated January 1919 (1919 Plan) attached here as Exhibit B, and recorded with the Plymouth County Registry of Deeds (registry) in Plan Book 2, Page 685 and Page 706, and described in the deed conveying the McDonald Property from Alexander Millen to Allan McDonald dated August 20, 1920 and recorded with the registry on September 14, 1920 at Book 1361, Page 457. It is further

ORDERED, ADJUDGED and DECLARED that, on Count I of the Complaint and Count I of the Counterclaim, the McDonald’s residence lying near the common boundary is located entirely within the bounds of the McDonald Property, as shown on the plan attached hereto as Exhibit A. It is further

ORDERED AND ADJUDGED that Counts II, III, and IV of Complaint are DISMISSED with prejudice. It is further

ORDERED AND ADJUDGED that Counts II, III, IV, and V of the Counterclaim are DISMISSED without prejudice.

By the Court.

exhibit 1

exhibit 2