Home MICHAEL KRIEGER, JUDY WONG and JEFFREY CARRUTHERS as Trustees of the 8 Kinross Road Condominium Trust, and HJK REALTY LLC, v. LANARK LJS LLC.

MISC 13-480076

September 23, 2016

Suffolk, ss.



For the reasons set forth in the Court’s Decision of this date, the common boundary between the 8 Kinross Road Condominium and 127 Lanark Road properties in the Allston/Brighton section of Boston is as depicted on Exhibit 1. The plaintiff HJK Realty LLC (HJK) has not acquired title by adverse possession to any of the defendant Lanark LJS LLC (Lanark)’s property located at 127 Lanark Road, nor a prescriptive easement to use any part of it. HJK is liable to Lanark for damages in the amount of $3,406.63 for trespassing upon Lanark’s 127 Lanark Road property.

Lanark has no liability to HJK or the plaintiffs Michael Krieger, Judy Wong, and Jeffrey Carruthers as Trustees of the 8 Kinross Road Condominium Trust (Condo Trustees) due to the fence encroachment. Lanark’s exit stairway structure encroaches upon the 8 Kinross Road Condominium property, but Lanark need not remove that encroachment, and its monetary liability to the Condo Trustees for the value of that encroachment shall be determined in a new, separately-brought action, in a court of appropriate jurisdiction, should the Condo Trustees wish to bring such an action. Lanark is liable to the Condo Trustees in the amount of $1,800.00 for wrongfully cutting the tree between the properties. Lanark’s conversion counterclaim is dismissed, with prejudice.