MISC 16-000567

July 30, 2018

Suffolk, ss.



On September 22, 2016, Holius Delvat and Nadege Delvat (Delvats) filed their Complaint, containing a single count. A case management conference was held October 31, 2016. Marie Claudette Jean Philippe (Philippe) filed her Answer to the Plaintiffs' Complaint with Counterclaim and Affirmative Defenses (Counterclaim) on November 14, 2016. The Counterclaim has four counts, listed as Count I, Count II, Count III, and Count VI. The Defendant filed a Motion for Summary Judgment on All Counts and on the Counterclaims on April 12, 2017. On April 14, 2017, the Plaintiffs' filed their Answers to Defendant's Counterclaims. Plaintiffs' Opposition to the Motion of the Defendant for Summary Judgment was filed on May 23, 2017. A hearing on the Defendant's Motion for Summary Judgment was held on May 23, 2017, and the court took the motion under advisement. The court issued its Memorandum and Order Allowing in Part and Denying in Part Defendant's Motion for Summary Judgment on June 14, 2017 (Summary Judgment Order).

The pretrial conference was held on October 24, 2017. The parties' Joint Amended Pre- Trial Memorandum was filed on November 9, 2017.

A view was taken on January 24, 2018. Trial was held on January 24, 2018. The court reporter and the interpreter were sworn. Exhibits 1 through 15 were admitted. Testimony was heard from Holius Delvat, Osman Nie, Nadege Delvat, and Marie Claudette Jean Philippe, after which the parties rested. Plaintiffs, Holius Delvat and Nadege Delvats', Post-Trial Brief and Defendant/Counter Plaintiff, Ms. Marie Claudette Jean Philippe's Post Trial Brief Memorandum were filed on April 20, 2018. The court heard closing arguments on April 27, 2018, and 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 Summary Judgment Order of June 14, 2017, and the court's Decision issued today, it is

ORDERED, ADJUDGED, and DECLARED that on the Complaint and Count I of the Counterclaim, the boundary line separating the properties owned by the Delvats and Philippe, located at 32 and 34 Granfield Avenue, Roslindale, Massachusetts respectively, is as shown on a plan entitled "Plan Showing Existing Conditions 32 Granfield Avenue – Roslindale, Boston, MA Suffolk County," dated December 28, 2016, and prepared by Dennis O'Brien. A copy of the plan is attached as Exhibit A. It is further

ORDERED, ADJUDGED, and DECLARED that on the Complaint and Count I of the Counterclaim, the Delvats do not have an easement by necessity or by custom for the use of any portion of the driveway on Philippe's property. It is further

ORDERED and ADJUDGED that Counts II and III of the Counterclaim are DISMISSED without prejudice. It is further

ORDERED and ADJUDGED that Count VI of the Counterclaim is DISMISSED with prejudice. It is further

ORDERED, ADJUDGED, and DECLARED that a copy of this judgment may be filed in the Suffolk Registry of Deeds and marginally referenced on all relevant documents.

By the Court

exhibit 1

Exhibit A