OLGA LUTZ and MARK LUTZ v. AMY BAUMAN.

This action commenced on September 9, 2015, as an action in which the plaintiffs seek to establish rights by adverse possession, or in the alternative by prescriptive easement. The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED that on Count I of the Amended Verified Complaint, seeking a declaratory judgment of adverse possession with respect to a concrete pad on property of the defendant with an address of 0 Cedar Avenue, Somerville, Massachusetts, shown as Lot B1 on a plan of land admitted as Exhibit 2 at trial and attached as Appendix A to the decision in this action (the "Plan"), the plaintiffs have failed to establish rights by adverse possession, and judgment is hereby entered for the defendant DECLARING that the defendant retains her fee simple interest in said Lot B1, and it is further

ORDERED, ADJUDGED and DECLARED that on Count II of the Amended Verified Complaint, seeking a declaratory judgment of acquisition of an easement by prescription with respect to a concrete pad on property of the defendant with an address of 0 Cedar Avenue, and shown as Lot B1 on the Plan, the plaintiffs have acquired certain rights by prescription, and an appurtenant prescriptive easement is hereby established for the benefit of the plaintiffs' property known as 22 Cedar Avenue, Somerville, Massachusetts, to park one (1) passenger vehicle on the western (left side facing Lot B1 from Cedar Avenue) half of said Lot B1, measuring approximately nine (9) feet in width and twenty-two (22) feet in depth (hereinafter the "Easement Area"); said prescriptive easement to be limited to the parking of one (1) passenger vehicle on the Easement Area; and no other relief is granted to plaintiffs under said Count II; and it is further

ORDERED, ADJUDGED and DECLARED that on Count III of the Amended Verified Complaint, seeking a declaratory judgment of adverse possession with respect to a pathway and planting bed on property of the defendant with an address of 0 Cedar Avenue, Somerville, Massachusetts, shown as Lot B2 on the Plan, the plaintiffs have acquired said Lot B2 by adverse possession and are the owners thereof in fee simple, and it is further

ORDERED and ADJUDGED that on Count IV of the Amended Verified Complaint seeking a declaratory judgment of acquisition of an easement by prescription with respect to Lot B2 as shown on the Plan, judgment is hereby entered dismissing said count, and it is further

ORDERED and ADJUDGED that on Count V of the Amended Verified Complaint seeking to quiet title to Lots B1 and B2 as shown on the Plan, judgment is hereby entered dismissing said count, and it is further

ORDERED and ADJUDGED that the defendant may make any use of the Easement Area not inconsistent with and that does not unduly interfere with the prescriptive easement rights granted herein; and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court