ABDELMAGID MAZEN v. RICHARD JOSSELYN and PATRICIA JOSSELYN, as they are Trustees of the Josselyn Nominee Family Trust.

Plaintiff Abdelmagid Mazen filed this action on October 27, 2016. His complaint contained three counts. Count I sought a declaration that Mr. Mazen acquired title by adverse possession of a triangular "Disputed Area," described in the Complaint, along the eastern edge of the Mazen property at 19 Harding Street, Andover, Massachusetts, and a bordering property at 21 Harding Street. Count II was for "adverse possession" of the Disputed Area. Count III sought to quiet Mr. Mazen's title to the Disputed Area.

On November 29, 2016, the owners of 21 Harding Street, Richard Josselyn and Patricia Josselyn, as Trustees of the Josselyn Nominee Family Trust, answered Mr. Mazen's complaint. The Trustees also brought two counterclaims against Mr. Mazen, one claiming that part of his driveway trespassed on 21 Harding Street, and the other claiming that Mazen had unjustly enriched himself by using the encroaching driveway without compensating the Trustees.

The parties appeared before this Court for trial on November 1 and 2, 2017. The Court heard closing arguments from the parties on December 22, 2017. For the reasons set forth in the Decision of this same date, based on the parties' admissions, the testimony at trial, the exhibits received into evidence, and the arguments of counsel, it is

ORDERED, ADJUDGED and DECREED that judgment shall hereby enter in FAVOR of Richard Josselyn and Patricia Josselyn, as Trustees of the Josselyn Nominee Family Trust, and AGAINST Abdelmagid Mazen, on all Counts of Mr. Mazen's Complaint in this action, and Mr. Mazen's Complaint is hereby DISMISSED, with prejudice. It is further

ORDERED, ADJUDGED and DECREED that judgment shall hereby enter in FAVOR of the Trustees, and AGAINST Mr. Mazen, on Count I of the Trustees' Counterclaims in this action. It is further

ORDERED, ADJUDGED and DECREED that the Trustees are entitled to remove, or have removed, the 36.4-foot portion of Mr. Mazen's bituminous driveway that is depicted in Exhibit F to Mr. Mazen's complaint as resting on the Trustees' property at 21 Harding Street. It is further

ORDERED, ADJUDGED and DECREED that judgment shall hereby enter in FAVOR of Mr. Mazen, and AGAINST the Trustees, on Count II of the Trustees' Counterclaims in this action, and Count II of the Trustees' Counterclaims is hereby DISMISSED, with prejudice.

SO ORDERED.