Home FAYE M. PASSANISI, Trustee of the Pasfam Realty Trust v. KEITH E. NATTI and JESSICA L. NATTI

MISC 14-482839

August 29, 2018

Essex, ss.



Plaintiff Faye M. Passanisi, Trustee of the Pasfam Realty Trust, filed a three-count Verified Complaint against her neighbors, Defendants Keith and Jessica Natti, on April 9, 2014. Plaintiff asserts in Count I that she and her husband have acquired, by adverse possession, a portion of the Defendants' land which adjoins the eastern boundary of Plaintiff's house lot in Gloucester, Massachusetts. Defendants answered on May 9, 2014. The Count II trespass claim, and the Count III claim for injunctive relief, were waived at trial.

A two-day trial was conducted on September 26 and 27, 2016 with respect to the remaining adverse possession claim. The court took a view on November 2, 2016. Following receipt of the trial transcripts and the parties' respective post-trial filings, the court took the matter under advisement on December 15, 2016.

In a Trial Decision issued on April 3, 2018, the court concluded that Plaintiff had acquired a portion of the Defendants' land by adverse possession, but had not proved adverse possession of the entire area of Defendants' land which she had claimed. The court delayed the entry of final judgment pending Plaintiff's submission of "a survey plan depicting the accurate boundaries of the adversely possessed parcel of land described in this Decision, suitable for recording with the judgment to be entered in this case."

On June 15, 2018, Plaintiff filed a plan entitled "Sketch Plan Adverse Possession 'Decision Sketch 3' Claim Area Allowed," prepared by American Land Survey Associates, Inc., and dated June 6, 2018 (the "Sketch Plan"). The court has accepted that plan as accurately reflecting the boundaries of the adversely possessed area.

Now, in accordance with the findings of fact and rulings of law set forth in the Trial Decision dated April 3, 2018, as corrected by Order dated August 29, 2018 and issued herewith, it is hereby:

ORDERED, ADJUDGED and DECLARED that Plaintiff has acquired by adverse possession so much of the Defendants' Lot 105A and Lot 105B land as is labeled "Claim Area Allowed" on the Sketch Plan attached to this Judgment as Exhibit 1 and incorporated herein, consisting of 1,791 ± square feet [Note 1]; it is further

ORDERED, ADJUDGED and DECLARED that Plaintiff has not acquired any other portion of Defendants' land by adverse possession; and it is further

ORDERED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded in the Essex South Registry of Deeds and marginally referenced on all relevant documents.


exhibit 1

Exhibit 1


[Note 1] The Sketch Plan has been accepted by the court for incorporation into this Judgment as an exhibit only and is not intended to be independently recorded for purposes of changing lot lines of record per G.L. c. 41, § 81X and pertinent Registry of Deeds standards.