AN SOKOLOVSKA v. DONNA M. MERCIER [Note 1], TD BANK N.A., and CATHERINE M. CEROW.

Plaintiff owns and resides at 10 Holts Avenue in Somerville, described in a deed dated March 26, 1998, recorded with the Middlesex South District Registry of Deeds in Book 28369, at Page 196. Defendant lives at abutting property known and numbered 21-23 Bolton Street, described in a deed recorded in Book 14213, at Page 542 (Defendant's Property).

In her Verified Complaint, Plaintiff seeks a declaration that she has acquired title to a portion of Defendant's property (Disputed Area) through actual, open, notorious, exclusive and adverse possession for a period in excess of twenty years. [Note 2] In so doing, Plaintiff relied on tacking her actions to the actions of her predecessors-in-title to establish the requisite twenty-year period for adverse possession. [Note 3] She also sought damages from Defendant for causing the removal of a wall and other improvements Plaintiff had installed within the Disputed Area.Defendant's counterclaim sought a declaration that the improvements Plaintiff had installed within the Disputed Area were done without right, constituting a continuing trespass that must be removed from Defendant's Property.

The case was tried over two days and the court took a "view" just prior to trial. A decision of today's date has issued (Summary Decision), and, in accordance with Land Court Rule 14, was based on a form first submitted to the court the day before trial, and revised by counsel with this court's input, entitled "Land Court Rule 14 Stipulation Assenting to Binding Summary Decision and Associated Waiver," which includes special questions and a summary of applicable law, with citations. The Summary Decision reflects this court's findings of facts and conclusions of law framed by the Stipulation and based on the documentary evidence and the credible testimony at trial, and the inferences this court has drawn from that evidence. The court's consideration of the evidence also was informed by the "view" of the parties' properties. At the request of counsel, post-trial briefs were filed March 23, 2018.

In accordance with the Summary Decision, and motion practice prior to trial, it hereby is:

ADJUDGED and ORDERED Count III of the Verified Complaint is DISMISSED without prejudice; it is further

ADJUDGED and DECLARED Plaintiff has not acquired title by adverse possession to the Disputed Area which is owned of record by Defendant, shown on a plan entitled "Plan of Land 10 Holts Avenue Somerville, Massachusetts Prepared for An Sokolovska, dated January 11, 2016," entered in evidence as Exhibit 6 (Plan); it is further

ADJUDGED and DECLARED Defendant holds title in and to the Disputed Area under a deed recorded with the Middlesex South Registry of Deeds in Book 14213, at Page 542, and her title is free and clear of any rights in favor of Plaintiff; it is further

ADJUDGED and ORDERED Defendant is not liable to Plaintiff for damages for trespass onto Plaintiff's Property or for removal of the improvements Plaintiff caused to be installed within the Disputed Area; it is further

ADJUDGED and ORDERED Plaintiff must remove any encroachments she installed within the Disputed Area by August 31, 2018, and she is permanently enjoined from installing or maintaining (or causing others to install or maintain) any improvements within the Disputed Area in the future; and it is further

ORDERED that upon the payment of the appropriate recording fees, an attested copy of this Judgment (or a Recorder's Certificate, after the appeal period has run), may be filed with the Middlesex South Registry of Deeds.

By the Court.