Home ZARINA BRAXTON, as Trustee of the 27 Walnut Street Realty Trust v. CITY OF BOSTON.

MISC 17-000320

March 8, 2018

Suffolk, ss.

VHAY, J.

JUDGMENT AND ORDER

In this action, Zarina Braxton, as Trustee of the 27 Walnut Street Realty Trust (the "Trust"), claimed that a property purportedly owned by the Trust at 27 Walnut Street, Hyde Park, Massachusetts (the "Property"), benefits from an easement acquired by prescription through the activities of her alleged predecessors in title across land now owned by the City of Boston. The City claimed that Trustee Braxton's title in the Property was defective, as it depended upon an allegedly forged deed. The City thus claimed that Trustee Braxton lacked standing to bring her lawsuit.

The Court held a trial in this matter on February 22, 2018. In accordance with this Court's Findings of Fact and Rulings of Law this same date, in light of the facts found after trial and the arguments of counsel, this Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of the defendant City of Boston, and AGAINST Zarina Braxton, as Trustee of the 27 Walnut Street Realty Trust.

B. Trustee Braxton's claims are DISMISSED with prejudice.

C. A deed recorded at the Suffolk County Registry of Deeds in Book 57311, Page 247, dated December 21, 2016 and purporting to be between Eric N. Berkowitz as grantor and Robert Belcher as grantee (the "Belcher Deed"), is a forgery. It did not convey any title to, or any interest in, the property described in the Belcher Deed.

D. A deed from Robert Belcher to Trustee Braxton, dated January 14, 2017, recorded at the Suffolk County Registry of Deeds in Book 57450, Page 216 (the "Braxton Deed"), did not convey any title to, or any interest in, the property described in the Braxton Deed.

The Court further ORDERS the Recorder of this Court to furnish to the Suffolk County Registry of Deeds a certified or attested copy of this Judgment and Order, so that it may be referenced in the margin of the Belcher Deed, the Braxton Deed, and any other relevant document.

SO ORDERED.