EDWARD DRIGGERS and MONICA DRIGGERS vs. MOUHAB RIZKALLAH and LAURA RIZKALLAH

This action commenced on January 19, 2017, as an action in which the plaintiffs seek a declaratory judgment and seek to quiet title to their property in Arlington as against adverse claims of the defendants; the defendants seek by counterclaim to establish rights to portions of the plaintiffs' property by adverse possession and by prescription. The case came on for trial by the court (Speicher, J.). 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 Complaint, seeking a declaratory judgment, and on Count II of the Complaint, seeking to quiet title to the plaintiffs' property at 30 Arlington Street in Winchester (the "Property"), as against the adverse claims of the defendants, the defendants have failed to establish rights by adverse possession or by prescription, and judgment is hereby entered declaring that the plaintiffs hold title to the Property free and clear of any adverse claims by the defendants, by adverse possession, prescription or otherwise, and that the encroachments by the defendants onto the plaintiffs' Property, including, inter alia, a play set, a low stone wall and steps, a valve distribution box and all pipes or hoses connected to it, a retaining wall, and a paved basketball court, all constitute trespasses on the Property, and further, that any entry by the defendants or their agents onto the Property, except for the purpose of removing the encroaching structures as otherwise ordered in this Judgment, constitutes acts of trespass, and it is further

ORDERED, ADJUDGED and DECLARED that on Counts I and II of the Counterclaim, seeking a declaratory judgment of acquisition of ownership of the disputed portion of the Property by adverse possession or, alternatively, an easement by prescription with respect to the disputed portion of the Property, the defendants, as plaintiffs-in-counterclaim, have failed to establish ownership by adverse possession or acquisition of an easement by prescription; and it is further

ORDERED and ADJUDGED that the defendants and their agents are ENJOINED from continuing to trespass on the Property by entering thereon (except as hereinafter provided), or by maintenance on the Property of, inter alia, the play set, the low stone wall and steps in the vicinity of the play set, the valve distribution box and all pipes or hoses connected to it, the retaining wall and basketball court supported by the retaining wall; and the defendants are further ORDERED, at their sole cost and expense, to remove the said encroachments from the play area, including the play set, the valve distribution box and all pipes or hoses connected to it, and the low stone wall and steps, within 60 days of the date of this Judgment, and the defendants are further ORDERED, at their sole cost and expense, within 120 days of the date of this Judgment, to remove the retaining wall and basketball court where they encroach on the Property, and to obtain all permits and licenses necessary to lawfully accomplish said removal, including without limitation any permits necessary to be obtained from the Winchester building inspector and any order of conditions necessary to be obtained from the Winchester Conservation Commission, and to be responsible for, as well, all mitigation and plantings required by said Conservation Commission to restore the disturbed area, 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.