NANCY EVANS, Trustee of the NWW-2 Realty Trust v. MICHAEL J. JACKSON, JR. and JANE L. JACKSON, Trustee of the JACKPOT TRUST.

The plaintiff, Nancy Evans, Trustee of the NWW-2 Realty Trust (Evans), filed her Verified Complaint on July 22, 2013. Evans’ complaint seeks a Declaratory Judgment that she has record title to approximately 5,300 square feet of land (Disputed Area), a portion of the property held by the defendants, Michael Jackson, Jr. and Jane Jackson as trustees of the Jackpot Trust (Jackpot Trust). On November 4, 2013, the Jackpot Trust filed Defendant’s Answer to Plaintiff’s Complaint and Counterclaim (Counterclaim). The Counterclaim has two counts; count I seeks a declaration that the Jackpot Trust has record title to the Disputed Area and Count II is a claim that the Jackpot Trust has title to the Disputed Area by adverse possession. On March 24, 2015, the Court ordered that “[t]he Commonwealth is not a party to this matter and will not be required to appear. This case will not adjudicate the rights of the Commonwealth.”

This case was tried on June 9 and 10, 2015. On August 7, 2015, the Jackpot Trust submitted their Proposed Findings of Fact, Rulings of Law, and a Post-Trial Memorandum of Law. On August 11, 2015, Evans filed the Plaintiff’s Post-Trial Memorandum of Law on Claim of Title and a Post-Trial Memorandum of Law on Defendant’s Counterclaim for Adverse Possession. Closing arguments were heard on September 3, 2015, and this case was taken 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 Counterclaim, the Jackpot Trust holds record title to the entire parcel of land described in the deed from Paul Jones to Michael Jackson, Sr. and Leslie Jones Jackson, dated August 25, 1958, and recorded in the Barnstable County Registry of Deeds (registry) on August 26, 1958 at Book 1013, Page 271, and as shown on the plan entitled: “Plan of Land at Chapoquoit West Falmouth to be conveyed by Paul Jones June 14, 1958” recorded at the registry at Plan Book 143, Page 75, a copy of which is attached hereto (the Jackpot Trust Property), and that Evans holds no record title to any portion of the Jackpot Trust Property. It is further

ORDERED, ADJUDGED and DECLARED that, on Count II of the Counterclaim, the Jackpot Trust holds title by adverse possession to the Disputed Area in the Jackpot Trust Property claimed by Evans. It is further

ORDERED AND ADJUDGED that the Verified Complaint is DISMISSED with prejudice. It is further

ORDERED, ADJUDGED and DECLARED that nothing in this Judgment adjudicates the rights of the Commonwealth of Massachusetts, if any, in the Jackpot Trust Property. It is further

ORDERED, ADJUDGED, and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on all relevant documents.

By the Court.