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- ase Dismissed by Order of the Court.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 463521 Date: 09/08/2025
- and Court surcharge Receipt: 463521 Date: 09/08/2025
- and Court summons Receipt: 463521 Date: 09/08/2025
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment sent to Mary Kane by email.
- he Court has reviewed the complaint filed by Mary Kane in this case. The complaint does not meet the requirements of Rules 10(a) and 10(d) of the Massachusetts Rules of Civil Procedure, as the complaint doesn't list the names of all parties who have brought the complaint. Ms. Kane filed the complaint on September 8, 2025. With it she filed a civil-action cover sheet. On it she listed two plaintiffs, herself and Cheri Davis. The complaint doesn't mention Davis, however, nor does it give her address. Rules 10(a) and 10(d) require the complaint to give Ms. Davis's name, capacity, and address if she is suing. Moreover, there's no indication in the complaint that Ms. Kane is an attorney. She thus cannot represent Ms. Davis in this action or speak for her. The Court thus ORDERS Ms. Kane and Ms. Davis to file by September 26, 2025, an amended complaint that corrects those errors, one signed by both Ms. Kane and Ms. Davis unless they hire an attorney by then to represent both of them. The amended complaint also must comply with all other requirements set forth in Rules 10(a), 10(b), and 10(d). The Court further takes judicial notice that the properties at issue in this case, 34 Old County Road and 32 Old County Road, are registered land. The registered owners of 34 Old County Road are Ms. Kane and Ms. Davis, according to Certificate of Title No. 176297, issued by the Barnstable District Registry of the Land Court. The registered owners of 32 Old County Road are defendants Herbert Cockcroft and his wife Leslie Cockcroft (both last names misspelled "Cockroft" in Ms. Kane's complaint), according to Barnstable District Certificate of Title No 174420. Both properties appear on the same Land Court Plan, Plan No. 14096-J (34 Old County being Lot 10 on that plan and 32 Old County being Lot 9). Because the properties are registered land, the boundary between them is fixed and is as shown on Plan No. 14096-J. The Cockcrofts thus cannot claim by prescription or otherwise any part of what that Plan No.14096-J shows as Lot 9. See General Laws chapter 185, section 53. The Land Court thus will have subject-matter jurisdiction over the claims described in the complaint only if, for example, there is a dispute over the physical location of the boundary shown on Plan No. 14096-J. The Court lacks subject-matter jurisdiction over simple claims for trespass, even if the trespass occurs on registered land. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mary Kane 34 Old County Road, Harwich Port, MA 02646 Sent On: 09/16/2025 15:22:47 Notice of Docket Entry sent to Mary Kane by email.
- equest from Ms. Kane to Dismiss the Case, filed.
- t Ms. Kane's request, the Court DISMISSES this case without prejudice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Mary Kane 34 Old County Road, Harwich Port, MA 02646 Sent On: 09/18/2025 07:52:34
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