REG 13-43480

September 27, 2017

Barnstable, ss.




Plaintiff, Paul T. Lucier (Lucier), filed his complaint in this action on November 30, 2016. On December 5, 2016, the court deemed this action, miscellaneous case no. 16 MISC 000720, a companion case to registration case no. 13 REG 43480 (the Registration Action). Lucier's complaint seeks declaratory relief under G.L. c. 231A as to the interests Ronald H. Deschamps and Barbara Ann Weber (Defendants), have in the disputed area of 40 Skaket Way in Brewster (Locus) that is the subject of the Registration Action. The Locus is shown on a plan labeled "Plan of Land in Brewster, Barnstable County, Massachusetts," prepared by Anderson Surveyors, Inc. and dated June 7, 2013 (Anderson Plan), attached here as Exhibit A, and on a plan prepared by Felco, Inc., recorded in the Barnstable County Registry of Deeds (registry) on November 12, 1998, at Plan Book 545, Page 6 (Felco Plan), attached here as Exhibit B. In the Registration Action, Defendants objected to Lucier's claim to the upland portion of the Locus arguing that they hold fractional interests in the upland portion of the Locus by deed from the heirs of Elijah Knowles to Abner Eldredge dated January 6, 1894, recorded in the registry at Book 209, Page 436 (Eldredge Deed). Lucier brought this companion case seeking declaratory judgment that Defendants have no interest in the Locus.

The companion cases were tried on January 24-26, 2017, and a view was taken on January 26, 2017. On April 19, 2017, Plaintiff Paul T. Lucier's Proposed Finding of Fact and Conclusions of Law was filed. On April 21, 2017, Defendants' Post-Trial Brief was filed. On May 4, 2017, Plaintiff's Motion to Strike New Exhibits Attached as the Addendum to Defendants' Post-Trial Brief and Testimony of Defendants' Counsel during the View was filed. Closing arguments were heard on May 31, 2017. The court allowed in part Plaintiff's Motion, striking Addendums 1-4, 8(a), and 8(b). The court then took the case 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 the Eldredge Deed does not describe any portion of the Locus as identified on the Anderson Plan and the Felco plan. It is further

ORDERED, ADJUDGED, and DECLARED that the Defendants have no right, title, or interest under the Eldredge Deed in the Locus as identified on the Anderson Plan and the Felco Plan.

By the Court.

exhibit 1

Exhibit A

exhibit 2

Exhibit B