ELIZABETH J. LORDEN, as personal representative of the ESTATE OF JOHN LORDEN, JR. v. NASHOBA CONSERVATION TRUST, INC.

This action commenced on March 28, 2017, as an action in which the plaintiff seeks to quiet title to land in the record ownership of the plaintiff in Pepperell; by an amendment to the complaint the plaintiff also seeks in the alternative to establish rights by adverse possession. The case came on for trial by the court (Speicher, J.) on June 24 and 25, 2019, and was taken under advisement on July 26, 2019. In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED that on Count I of the Amended Complaint, seeking to quiet title pursuant to G. L. c. 240, §§6-10, the plaintiff Elizabeth J. Lorden, as Personal Representative of the Estate of John Lorden, Jr., has established, and is declared to be the owner in fee simple of the property shown on a plan entitled "Bemis Estates Definitive Subdivision Plan of Land in Pepperell, Mass.," prepared by David E. Ross Associates, Inc., dated March, 2002, as resubmitted to the Pepperell Planning Board on November 23, 2015, with general revisions dated January 15, 2016 and as approved by the Pepperell Planning Board on February 4, 2016, and it is further

ORDERED and ADJUDGED that on Count II of the Amended Complaint, seeking a judgment of adverse possession under color of title, although the court has found that the plaintiff has established the elements of the plaintiff's adverse possession claim, this count, offered in the alternative, is rendered moot by the court's finding that the plaintiff is the owner in fee simple of the disputed area as a matter of record title. Accordingly, this count is DISMISSED WITHOUT PREJUDICE for mootness. It is further

ORDERED, ADJUDGED and DECLARED that on Count I of the defendant's amended counterclaim, seeking to quiet title pursuant G. L. c. 240, §6-10, the defendant has failed to establish title to the disputed area, namely, the area westerly of the side of the existing path on the plaintiff's property, and the defendant accordingly does not have title to this disputed area; and it is further

ORDERED and ADJUDGED that on Count II of the defendant's amended counterclaim, seeking a judgment of adverse possession under color of title, judgment is hereby entered for the plaintiff and defendant-in-counterclaim, DISMISSING said count, and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

ORDERED that upon payment of all required fees, a certified or attested copy of this Judgment may be recorded with the Middlesex South District Registry of Deeds.