![]() ![]() Two substantial signs erected in the early sixties directed customers into the strip. ![]() The judge, however, dated the period of adverse possession later, from 1959, when the defendant's father built a garage behind his residence to conduct an auto and truck repair business, using the strip, which he cleared of trees and scrub, graded, and filled, as an access driveway thereto and as a lot for vehicles brought in for repairs. the owner may have an opportunity to take steps to vindicate his rights by legal action." Boston Seaman's Friend Soc., Inc. The plaintiff argues that the uses the Hansons made of the strip in most of the decade of the fifties - for a vegetable garden, to sell Christmas trees, to locate a foundationless children's playhouse - lack the requisite continuity or exclusivity, at least as applied to unimproved wood and scrub land, to put the owner on fair notice of "hostile activity. The plaintiff first challenges the judge's conclusion that the defendant, and his father before him, used the strip openly, adversely, uninterruptedly, and exclusively for the requisite twenty-year period. The plaintiff appeals, raising three contentions.ฤก. The judge sustained the defendant's claim. The plaintiff holds record title to the strip the defendant, whose parcel fronts on North Main street and abuts the strip on the south, claims ownership of the strip by adverse possession. In 1986 the plaintiff purchased an 11.5 acre parcel of backland in Millbury, then brought this trespass action to establish its ownership of a strip of land, variously described in the testimony as "a fifty foot strip" and "a thirty-five foot strip," connecting the backland to North Main Street (route 146) on the west. ![]()
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