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Case Information
Filed
2023-05-02
Status
Open
Type
Par Partition, G.l. Chapter 241
Docket
16 entries
Parties
Plaintiff
Mc Grath, Catherine M.
Defendant
Mitchell, Rosemary A.
Lawyers
Docket Entries
- Notice of Docket Entry: November 6, 2023. Plaintiff's Assented-to Motion to Extend Nisi Period ALLOWED. Deadline to file a stipulation of dismissal extended from November 6, 2023 to November 20, 2023. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Adam M Hamel, Esq. [email protected] Defendant: Roger Alexander Peace, Esq. [email protected] Sent On: 11/06/2023 09:31:45
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440632 Date: 05/02/2023
- Land Court surcharge Receipt: 440632 Date: 05/02/2023
- Land Court summons Receipt: 440632 Date: 05/02/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Appearance of Adam M Hamel, Esq. for Catherine M. McGrath, filed
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Adam M Hamel, Esq. [email protected] Sent On: 05/08/2023 12:26:24
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 06/07/2023 Time: 10:00 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Adam M Hamel, Esq. [email protected] Sent On: 05/08/2023 12:29:52
- Plaintiff's Case Management Conference Statement, filed.
- Defendant's Case Management Conference Joint Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 06/07/2023 10:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding June 7, 2023. Case management conference held via videoconference. Early Intervention event held. Attorney Adam Hamel appeared for the plaintiff. Attorney Roger Peace appeared for the defendant. This case is a petition for partition of land located at 40 Center Street, Weymouth, Massachusetts ("Property"). The Property is improved by a single-family residence and separate garage. The parties agree that they hold title to the Property in equal shares, in their individual capacities as tenants in common, and that only the defendant resides at the Property. The parties currently are involved in related litigation in Superior Court and in Probate and Family Court. Counsel reported that title to the Property previously was held by the parties' father, who attempted before his death in 1999 to transfer the Property into a trust. Counsel agree that that purported conveyance was ineffective, as the trust no longer was in existence, and that as a result, the property remained in the father's individual estate, passing to his two daughters on his death. Court explained that co-owners of property in the Commonwealth have an absolute right to partition per G. L. c. 241, and that, should it prove infeasible to physically divide the property, the only possible outcomes in this particular case will be either (1) sale to a third party followed by distribution of the proceeds to the parties in accordance with their ownership shares, as equitably adjusted, or (2) an agreement among the parties in which petitioner or the respondent purchases the other's interest in the property, and thereby becomes sole owner. Either of these two outcomes may be accomplished just as well by agreement of the parties without the involvement of the court; proceeding by agreement, rather than a partition fully overseen by the court and carried out by a commissioner the court will need to appoint, will, if possible, be more efficient and less expensive to the parties, who thereby will be able to preserve more of the equity in the locus. If the parties cannot agree, and this case progresses in the normal course, the court will be compelled to appoint a partition commissioner to oversee disposition of the property. As the expenses and fees incurred by the commissioner (which may be considerable) in investigating and disposing of the property ultimately will be paid by the parties, court strongly advised parties to confer and use best efforts to arrive at consensual resolution of this case that does not require the appointment of a commissioner, and to consider utilizing mediation to facilitate a mutually agreeable settlement. The parties reported that they are open to reaching a negotiated settlement. Particularly, the defendant desires to buy out the plaintiff's one-half interest in the Property to become sole owner of the Property. The court, with concurrence of the parties, briefly will defer appointment of partition Commissioner to permit parties to use best efforts to arrive at consensual resolution of this case, provided that by June 16, 2022, parties to file a joint written report confirming, with appropriate detail, that the locus is physically secure and being reasonably cared for and maintained, that all taxes have been paid, that the property is adequately insured as to casualty and liability, protecting the interests of the co-owners, and that all liens and encumbrances on the property are current and pose no risk of forfeiture. By July 30, 2023, parties to file joint written report indicating that either (1) all parties agree to consensual division or disposition of joint property and distribution of any proceeds, whether alone or as part of a global settlement of all the pending related actions; (2) all parties have agreed to attend mediation session (indicating date of session, name of provider, and identity of neutral); or (3) parties have been unable to reach agreement as to either division, sale, or mediation, and request appointment of partition commissioner. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically through the Tyler eFiling Portal or by mailing of hard copies to the court. Counsel agree to accept service electronically. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Adam M Hamel, Esq. [email protected] Sent On: 06/14/2023 09:45:46
- Letter (of defendant with property information), filed.
- Defendant's Status Report, filed.
- 30 Nisi Order issued. Response Due on 11/06/2023. (Order sent to Attorneys Hamel and Peace via email on 10/5/2023)
- Plaintiff's Assented-to Motion to Extend Nisi Order (by two weeks), filed.
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