Linda A. Salera (Salera) filed her Verified Complaint in this action on December 24, 2014, naming Lauri Weinstein Amentola (Weinstein) and David Amentola (Amentola) as defendants (together, the Amentolas). The three counts of the Verified Complaint are (1) Petition to Require Action to Try Title; (2) Action to Recover Freehold Estate; and (3) Adverse Possession. The Amentolas filed their Verified Answer and Counterclaims (Counterclaim) on May 7, 2014.
Salera is the record owner of 3 Dale Court, Stoneham, Massachusetts by a deed from John L. Salera, reserving unto himself a life estate, dated June 11, 2003 and recorded with the Middlesex South District Registry of Deeds (registry) at Book 40154, Page 96 (the Salera Property). Weinstein is the record owner of 5 Dale Court, Stoneham, Massachusetts, by a deed dated December 15, 1998 and recorded with the registry at Book 29524, Page 590 (the Weinstein Property).
This case was tried on January 21 and 22, 2015. The court heard closing argument on March 24, 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 courts Decision issued today, it is
ORDERED, ADJUDGED and DECLARED that, on Counts I and II of the Verified Complaint, the record boundary line between the Salera Property and the Weinstein Property is located at the southerly boundary of the Weinstein Property as shown on the plan entitled Land in Stoneham, Mass., Herbert R. Densmore to Nellie Lydon, November 1922, L.B. Humphrey, C.E. recorded with the registry in Book 4576, attached here as Exhibit A, and described in the deed conveying the Weinstein Property from Herbert R. Densmore to Nellie Lydon dated December 1, 1922 and recorded with the registry at Book 4575, Page 590, said boundary line being shown on the plan attached hereto as Exhibit B. It is further
ORDERED, ADJUDGED and DECLARED that, on Counts I and II of the Verified Complaint, the fence lying between the Salera Property and the Weinstein Property is located entirely within the bounds of the Salera Property, as shown on the plan attached hereto as Exhibit B. It is further
ORDERED AND ADJUDGED that Count III of the Verified Complaint is DISMISSED without prejudice. It is further
ORDERED AND ADJUDGED that the Counterclaim is DISMISSED with prejudice.
By the Court.