MISC 15-000112

March 27, 2017

Middlesex, ss.



Margareth Jean ("Plaintiff") filed this case in this court on April 3, 2015. She filed an amended complaint later that month. Plaintiff brings under G.L. c. 185, § 1(o) a claim of trespass to real estate involving title to real estate, and seeks judgment also pursuant to G.L. 185, § 1 (k) and G.L. c. 231A, requesting declaration.

This case concerns the location on the ground of the common boundary line between the properties in Groton, Middlesex County, Massachusetts owned by the parties. Plaintiff alleges that a fence erected by defendant Pedro Perez ("Defendant") encroaches onto Plaintiff's Property, constituting a trespass.

Plaintiff's property ("Property") was conveyed to her in the deed from Lillian J. Carson to Margaret [sic] Jean dated September 26, 2001, and recorded with the Middlesex (South) Registry of Deeds ("Registry") in Book 33743, Page 458 on October 1, 2001.

Defendant's property was conveyed in a deed from Verna P. Schofield to Pedro W. Perez and Carmen Lydia Perez dated October 9, 1959, and recorded with the Registry in Book 9476, Page 444 on October 13, 1959.

This case came on to be tried to the court (Piper, J.). Following trial, and after submission of proposed findings of fact and rulings of law, legal memoranda, and argument by counsel, the court, based on all the evidence, has, in a decision of even date, made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED that the location on the ground of the disputed boundary line between the Plaintiff's Property and the Defendant's land is as it is shown running between the iron pipes depicted on a recorded plan ("Record Plan") entitled "Plan of Land in Groton, Mass. Prepared for Pedro W. and Carmen Lydia Perez" Scale 1" = 40' October 2001 prepared by David E. Ross Associates, Inc., which plan is recorded with the Registry as Plan 1127 of 2001. On this Record Plan, the Property of the Plaintiff is shown as that of David A. and Lillian J. Carson, and the land of the Defendant is shown, lying to the south of Plaintiff's Property, as containing 3.90 Acres. The fence erected by Defendant and complained of by Plaintiff is located entirely on Defendant's land, does not encroach across the boundary line onto Plaintiff's Property, and does not constitute a trespass. It is further

ORDERED and ADJUDGED that Plaintiff take nothing on any of the counts of her amended complaint. It is further

ORDERED and ADJUDGED that the court in this action has not adjudicated the right, title, or interest, in and to the land involved in this case, as to any party not named in this case as a party. This Judgment constitutes the full adjudication of this action. No other or different relief, and no damages, costs, fees, or other amounts, are awarded to any party. It is further

ORDERED and ADJUDGED that, upon payment of all fees required by law, this Judgment, or a certified copy of it, may be recorded with the Registry after this Judgment has become final, and there may be referenced marginally on the records of the deeds by which the parties hold their title to their respective parcels.

By the Court.