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Case Information
Filed
2024-08-19
Status
Open
Type
Ota Other
Docket
10 entries
Parties
Plaintiff
Ducharme, Wendy|Henry, Delgardo
Defendant
Eriveaux, Atto
Docket Entries
- Appearance of Plaintiff Wendy Ducharme (Pro Se), filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 453254 Date: 08/19/2024
- Land Court surcharge Receipt: 453254 Date: 08/19/2024
- Land Court summons Receipt: 453254 Date: 08/19/2024
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Wendy Ducharme [email protected] Sent On: 08/27/2024 16:03:34
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/01/2024 Time: 03:25 PM (in-person at the Land Court Courtrooms of the Suffolk County Courthouse, 3 Pemberton Sq., Boston) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Wendy Ducharme [email protected] Sent On: 08/27/2024 16:06:19 Email notice to Wendy Henry on 8/27/2024. Notice mailed to Wendy and Delgardo Henry at 18 Smith Avenue, Brockton, MA 02302 on 8/28/2024.
- Event Resulted: Case Management Conference scheduled on: 10/01/2024 03:25 PM Has been: Held in person Hon. Gordon H. Piper, Presiding October 1, 2024. Case Management Conference held. Early Intervention Event held. Plaintiffs Wendy Ducharme and Delgardo Henry appeared on their own behalf. Defendant Atto Erivaux did not appear, although plaintiffs represented to the court that they had afforded to defendant notice of today's courtroom event. This case concerns the property known as and located at 37 Oakland Street, Brockton, Massachusetts ("Property"). Title to the Property has been registered and confirmed by this court. Plaintiffs assert that they are the registered owners of the Property by deed dated July 13, 2018, and registered with the Plymouth County Land Registration District of the court on July 13, 2018, as Document 773953, which resulted in the issuance by the District of Certificate of Title No. 127132, in Book of Registrations 635, Page 132. Plaintiffs contend that defendant Atto Erivaux is the record owner of the parcel immediately abutting the Property, at 27 Oakland Street ("Abutter Property"), and that the Abutter Property does not have a registered title. Plaintiffs further allege that at some time in 2018, the defendant's predecessor-in-title moved stakes or markers that were present on the ground at the location of the shared boundary between the two Properties and installed a fence ("Fence") on what the plaintiffs contend is their side of the shared boundary ("Shared Boundary") between the Property and the Abutter Property. Plaintiffs do not have a current survey showing the location of the Fence as relates to the Shared Boundary. Court inquired about the status of service on Atto Erivaux. Plaintiffs confirmed service was effectuated on defendant Atto Erivaux by local sheriff on September 3, 2024. Plaintiffs further noted that they informed Mr. Erivaux of today's hearing when they interacted with him in person in another judicial matter earlier this week. Litigation is now ongoing between the parties in Brockton District Court, and a previous action between the parties in the Plymouth Superior Court was dismissed in September 2024. The court notes that the Property is a parcel of registered land, and the plaintiffs contend that the Abutter Property is recorded land. Additionally, the court informed the plaintiffs that survey evidence is necessary for the court to determine whether the Fence is encroaching, and by how much, over the Shared Boundary and onto the Property. Court advised the plaintiffs to undertake hiring a surveyor promptly who can survey the Property and produce a plan of the same, showing the location on the ground of the true registered land boundary line and of the alleged encroachments onto it which plaintiffs assert were placed by the defendant. Absent such a survey, and evidence derived from a full and formal survey, it will be difficult for this case to proceed meaningfully. Once a survey has been procured, plaintiffs are to contact the court to request further hearing. Plaintiffs are reminded that any filings made with the court must be served upon the defendant, that a certificate of service must be submitted, and that the defendant must also be notified of any hearings scheduled in this matter at the request of the plaintiffs. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Wendy Ducharme [email protected] Plaintiff: Delgardo Henry [email protected] Sent On: 10/03/2024 11:21:08 Email notice to plaintiffs on 10/3/2024.
- Summons returned to Court with service on Atto Eriveaux filed. Service on September 3, 2024 at last and usual place of abode and first class mail.
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