Plaintiffs Timothy J. Sullivan and Regina M. Sullivan, the owners of property known as 1-9 Templeton Way, Boston, Massachusetts ("1-9 TW"), brought this action on November 6, 2017 claiming ownership of the fee in Templeton Way ("the Way") and seeking a declaration that the defendants have no rights in or over the Way. Defendant Home Reconstruction LLC, the record owner of property at 12 Mallet Street, Boston, Massachusetts, a portion of which abuts the Way, answered on January 2, 2018. None of the remaining defendants, for all of whom returns of service were filed with the court, answered the complaint or otherwise participated in this action. Defaults were entered as to them pursuant to Mass. R. Civ. P. 55(a) on March 22, 2019.
The matter was tried over one day on July 29, 2019. The court (Roberts, J.) has determined in a decision of even date that judgment shall enter dismissing Count I of the complaint with prejudice and, on Count II of the complaint, declaring the parties' rights in and over the Way.
In accordance with the Court's decision, it is
ORDERED and ADJUDGED that Count I of the complaint is dismissed with prejudice.
It is further
ORDERED, ADJUDGED and DECLARED on Count II of the complaint that the plaintiffs Timothy J. and Regina M. Sullivan are the exclusive owners of the fee in Templeton Way as shown on a plan entitled "Nov. 9, 1898 Scale 20 Ft. to an inch. Frank A. Foster, C.E. 34 School St. Room 43" and recorded at Plan Book 2624, Page 65, and that none of the named defendants has any rights in or over Templeton Way.
It is further
ORDERED that Home Reconstruction, LLC and its agents, servants, licensees, and invites and other persons in active concert with any of them who have actual notice of this order shall not enter on or permit others to enter on Templeton Way, Boston, Massachusetts.
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 Suffolk County Registry of Deeds and marginally referenced on all relevant documents.
SO ORDERED
TIMOTHY J. SULLIVAN and REGINA M. SULLIVAN vs. HOME RECONSTRUCTION, LLC, DUC LE, THU TRANG DINH, JOANTHAN M. WINN, ALEXANDER V. BROWN, STEPHEN P. WHITE, Individually and as Trustees of 126 MONSIGNOR LYDON WAY CONDOMINIUM TRUST