AN SOKOLOVSKA v. THOMAS MERCIER, DONNA M. MERCIER, TD BANK N.A., and CATHERINE M. CEROW.

1. Has the Plaintiff An Sokolovska, carried her burden of proving by a preponderance of the evidence that she used the Disputed Area, as identified on the Plan of Land marked as Trial Exhibit 8, in manner that was:

* Actual

Yes X No

* Open

Yes No X

* Notorious

Yes No _X

* Exclusive

Yes X No

* Adverse/Non-permissive

Yes X No (as to the retaining wall only)

* and Continuous manner?

Yes X No

* If yes, during what period of time did Sokolovska exercise continuous, exclusive use of the Disputed Area? Beginning in 2003

* Did Sokolovska's predecessor-in-title exercise open, notorious, exclusive, and adverse use of the Disputed Area during any period immediately prior to Sokolovska's purchase of 10 Holts Avenue in Somerville on March 26, 1998?

Yes No X

o If yes, during what period of time did her predecessor-in-title exercise continuous, exclusive use of the Disputed Area? (N/A)

2. Has Sokolovska acquired the Disputed Area by adverse possession?

Yes No X

3. If the answer to question 2 is in the affirmative, did Mercier trespass upon the Disputed Area?

Yes No (N/A)

4. If the answer to the immediately previous question is in the affirmative, was Sokolovska damaged, and, if so, in what amount? (N/A)

Yes No

Amount N/A

5. If the answer to question 2 is in the negative, did Sokolovska trespass upon the Disputed Area, or any other portion of the property owned by Donna Mercier, located at 21-23 Bolton Street in Somerville?

Yes X No

6. If the answer to the preceding question is in the affirmative, must Sokolovska remove any encroachment in the Disputed Area or on the Mercier Property?

Yes X No

o If yes, which encroachments? The portion of the retaining wall, as highlighted on Trial Exhibit 8 (Detail Plan), running approximately 8.75 feet along the property line, and encroaching approximately 7.5 inches, according to the Detail Plan, and any other improvements installed for Sokolovska currently encroaching over the record boundary line into the Disputed Area.

Judgment to enter accordingly.