CHARLES UFLAND and SHEILA UFLAND v. CHARLES BADAOUI

For the reasons set forth in the court's Memorandum and Order Allowing Defendant's Motion for Involuntary Dismissal of Plaintiffs' Action Pursuant to Mass. R. Civ. P. 41(b)(2) of this day, it is ORDERED, ADJUDGED and DECREED that the Uflands' Western boundary line is 226.21' Eastwards from the sideline of Oak Hill Street, and then turning 90 degrees North toward Brookline Street from that point, as described in the 1922 Sherwin Deed and shown on the 1922 Sherwin Plan. A copy of that Plan (Trial Ex. 26) is attached for ease of reference. Thus, the brick pillar at the end of Mr. Badaoui's driveway does not encroach upon the Uflands' property.

Although the Western boundary of the Ufland lot began as a common boundary between the parties' properties, there have been conveyances involving Mr. Badaoui's predecessors in title since that time, none of which involved the Ufland property and none of which the court was requested to review or adjudicate. There is thus no adjudication as to whether the boundary between the Uflands and Mr. Badaoui is currently a common boundary. The only judgment entered is the location of the Uflands' western boundary.

SO ORDERED.