GIANNELLI MANAGEMENT AND DEVELOPMENT CORP. and EUGENIA GOMES vs. MPA GRANADA HIGHLANDS, LLC, and ANY AND ALL OTHER PERSONS CLAIMING ANY INTEREST IN THAT PAPER STREET KNOWN AS WINCHESTER STREET, MALDEN, MASSACHUSETTS

This action was commenced with the filing of a complaint on October 19, 2017 alleging that the plaintiffs Giannelli Management And Development Corp. ("Giannelli") and Eugenia Gomes ("Gomes"), as the owners of land abutting a paper street known as Winchester Street ("the Paper Street"), owned the fee in the Paper Street and that no others held rights over it. Defendant MPA Granada Highlands, LLC ("MPA") answered, claiming an easement over the Paper Street. On March 6, 2019, the court heard argument on Plaintiff's Motion For Summary Judgment and MPA's Cross-Motion For Summary Judgment. Thereafter, the parties were provided with the opportunity to submit additional briefs, which were considered by the court. In a decision dated May 2, 2019, the court (Roberts, J.) determined that partial summary judgment should enter in favor of the plaintiffs and against MPA declaring that MPA does not hold a fee interest in or other rights in or over the Paper Street by virtue of its ownership of land shown on a plan entitled "Plan of Linden Highlands, Malden Mass. Surveyed Aug. 1873 Veazie Bros. Engrs. Scale 60 ft. to 1 inch" ("the 1873 Plan"), those rights having been extinguished in part by prescription and in full by abandonment if they ever existed, and does not hold appurtenant rights over the Paper Street by virtue of its ownership of land not shown on the 1873 Plan.

After the submission of additional evidence regarding the fee in the Paper Street as it abuts Giannelli's Lot 263 as shown on the 1873 Plan, the court issued a decision dated September 3, 2019 in which it concluded that Giannelli is the owner of the fee in the Paper Street to the centerline as it abuts Lot 263. The court further concluded that Gomes' claim to ownership of the fee in the Paper Street as it abuts her registered land (Lot 262 as shown on the 1873 Plan) could not be adjudicated in this action and that a petition pursuant to G. L. c. 185, §114 would be necessary to seek alteration of the certificate of title to her registered land to include the fee in the Paper Street.

In accordance with the court's memoranda of decision dated May 2, 2019 and September 3, 2019, it is

ORDERED, ADJUDGED and DECLARED, that MPA does not hold a fee interest in or other rights in or over the Paper Street abutting the plaintiffs' Lots 262 and 263 by virtue of its ownership of land shown on the 1873 Plan, those rights having been extinguished in part by prescription and in full by abandonment if they ever existed, and does not hold appurtenant rights over that street by virtue of its ownership of land not shown on the 1873 Plan.

It is further

ORDERED, ADJUDGED and DECLARED, that Giannelli is the owner of the fee in Paper Street to its center line as it abuts Lot 263 on the 1873 Plan.

It is further

ORDERED that Gomes' claim to ownership of the fee in the Paper Street to its center line as it abuts Lot 262 on the 1873 Plan is dismissed without prejudice.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are denied.

It is further

ORDERED and ADJUDGED that upon payment of all required fees, this Judgment, or a certified copy of it, may be recorded at the Middlesex South Registry of Deeds and marginally referenced on all relevant documents.