This action, filed January 19, 2010, concerns competing claims to the title to property ("Property") known as 257 Marrett Road, Lexington, Middlesex County, Massachusetts. Defendant Harold Allen, Jr. claims his interest in the Property as the surviving joint tenant in a deed ("Deed" or "July 23, 2001 Deed") bearing the date of July 23, 2001, recorded with the Middlesex County (South District) Registry of Deeds ("Registry") on August 10, 2001 in Book 33426, Page 459. Plaintiff challenges the validity of the July 23, 2001 Deed and claims that title to the Property stands in the Trustees of the Allen Realty Trust u/d/t dated November 30, 2001 and recorded in the Registry at Book 34789, Page 195 on February 8, 2002, based on a deed dated November 30, 2001 and recorded in the Registry at Book 34789, Page 202 on February 8, 2002 ("Trust Deed").
This case came on to be tried to the court (Piper, J.). In a decision of even date, the court has made findings of fact and rulings of law, and has determined that title to the Property stands in the name of the Trustees of the Allen Realty Trust.
In accordance with the court's decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the grantees of the Trust Deed, recorded with the Registry at Book 34789, Page 202 (and those holding by, through, or under them), have a title to the Property which is superior to the title of the defendant, Harold J. Allen, Jr., the grantee in the July 23, 2001 Deed, which was not ever acknowledged by Ethel M. Allen, grantor under that July 23, 2001 Deed; which July 23, 2001 Deed accordingly was not entitled to record; and which July 23, 2001 Deed was improvidently accepted for recording by the Registry. It is further
ORDERED and ADJUDGED that upon payment of all fees required by law, this Judgment, or a certified copy of it, shall be recorded at the Registry, and once recorded, shall be referenced marginally on the record of the July 23, 2001 Deed and of the November 30, 2001 Trust Deed, and may be referenced marginally on the records of any deeds or other instruments of conveyance given under either of those two deeds. It is further
ORDERED and ADJUDGED that no damages, costs, or attorney's fees are awarded to any party on or as to any claim or theory, including any sounding in tort, and all requests for such damages, costs, or attorney's fees are DENIED.
By the Court. (Piper, J).