JERALD L. GOLDMAN and JULIA F. GOLDMAN, Plaintiffs, v. ALEXANDER WHITE, Defendant

Plaintiffs Jerald A. Goldman and Julia F. Goldman ("the Goldmans") commenced this action on November 14, 2018 with the filing of a complaint ("the Complaint") regarding the ownership of a strip of land two to three feet wide ("the Disputed Area") between their property at 61 Ruane Road, West Newton ("the Goldman Property") and that of their neighbor, defendant Alexander C. White ("Dr. White"), at 69 Ruane Road, West Newton ("the White Property"). The Goldmans sought a declaratory judgment that the Disputed Area was within the deeded boundaries of the Goldman Property or, alternatively, that the Goldmans held title to the Disputed Area by virtue of their adverse possession of the same for over twenty years. The complaint also asserted a claim to quiet title pursuant to G. L. c. 240, § 6 et seq. In response, Dr. White asserted a counterclaim alleging trespass by the Goldmans onto the White Property.

After the conclusion of discovery, Dr. White filed a motion for summary judgment. At the hearing on Dr. White's motion, the Goldmans acknowledged that the boundary line between the two properties was no longer in dispute and that the Disputed Area is within the boundaries of the White Property, a concession that resolved their quiet title claim adversely to them. In a memorandum of even date, this court determined that the Goldmans will be unable to carry their burden of proof at trial as to their adverse possession of the Disputed Area and ALLOWED Defendant Alexander White's Motion For Summary Judgment. Accordingly, it is

ORDERED, ADJUDGED and DECLARED on Count I of the Complaint that the boundary line between the White Property and the Goldman Property is as shown on a plan of land entitled "Sketch Showing Lot Line Marking Date: Aug. 13, 2018 Scale: 1" = 20' Anderson Surveys, Inc. Professional Land Surveyors 800 High Street Hanson, MA 02341-0149."

It is further

ORDERED and ADJUDGED that Counts II and III of the Complaint are dismissed with prejudice.

It is further

ORDERED that the Goldmans remove the fence that they erected within the Disputed Area within ten days of the issuance of this Judgment.

It is further

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

SO ORDERED.