Bernier v. Fredette

This boundary dispute originates from deeds granted beginning in 1870 and requires us to locate the common boundary between the plaintiffs’ and defendants’ Acushnet properties. The plaintiffs commenced this action seeking to remove a cloud on their title pursuant to G. L. c. 240, §§ 6-10, seeking a declaration of the correct location of their common boundary, and seeking damages for trespass and nuisance. The defendants filed counterclaims for trespass and nuisance.

Following a three-day trial and a view of the relevant properties and monuments, the Land Court judge adopted the boundary…