Raymond Desrochers v. Luigi Micheli III

Supreme Court

No. 2025-185-Appeal.
No. 2025-186-Appeal.
(PM 16-2363)

Raymond Desrochers et al. :

v. :

Luigi Micheli III. :

NOTICE: This opinion is subject to formal revision
before publication in the Rhode Island Reporter. Readers
are requested to notify the Opinion Analyst, Supreme
Court of Rhode Island, 250 Benefit Street, Providence,
Rhode Island 02903, at Telephone (401) 222-3258 or
Email opinionanalyst@courts.ri.gov, of any typographical
or other formal errors in order that corrections may be
made before the opinion is published.
Supreme Court

No. 2025-185-Appeal.
No. 2025-186-Appeal.
(PM 16-2363)

Raymond Desrochers et al. :

v. :

Luigi Micheli III. :

Present: Suttell, C.J., Robinson, Lynch Prata, and Long, JJ.

OPINION

Justice Robinson, for the Court. The plaintiffs, Raymond Desrochers and

Debra Desrochers, appeal in this adverse possession case from a final judgment that

was largely, but not entirely, entered in favor of the defendant, Luigi Micheli III.1

The plaintiffs object to the trial justice’s finding that they failed to prove adverse

possession as to one specific portion of the area disputed by the parties. On appeal,

the plaintiffs contend, inter alia, that the trial justice erred in ruling that they failed

to satisfy the hostility element of their adverse possession claim with respect to the

portion of the disputed area which he found they did not adversely possess.

The defendant cross-appeals from the entry of final judgment. The defendant

contends that, with respect to the portion of land that the trial justice found plaintiffs

1
See Part IV.E., infra, where we discuss the defendant’s cross-appeal.
-1-
adversely possessed, the trial justice erred by failing to find that plaintiffs had not

proven the element of hostility. He further argues that plaintiffs did not establish

through clear and convincing evidence a sufficiently accurate description of the land

which they claim to own through adverse possession.

For the reasons set forth in this opinion, we affirm in part and vacate in part

the judgment of the Superior Court.

I

Facts and Travel

The controversy in this case relates to abutting properties located in Johnston,

Rhode Island. The plaintiffs own the property located at 38 Pine Hill Avenue, while

defendant owns the property located at 36 Pine Hill Avenue.

On November 7, 1985, plaintiff Raymond Desrochers took title to 38 Pine

Hill Avenue.2 On July 19, 2011, defendant Luigi Micheli III acquired title to 36

Pine Hill Avenue. The dispute relating to the abutting properties arose in June of

2013, when defendant obtained a survey of his property, which showed that plaintiffs

had encroached onto his property. Based on the 2013 survey, defendant began

exploratory operations with respect to portions of the encroachments as well as

installing a vinyl fence on the disputed area. In May of 2016, defendant sent a

2
In 1986, Mr. Desrochers conveyed the property to himself and his wife, Debra
Desrochers.
-2-
“Notice of Intent to Dispute Adverse Possession” to the residents of 38 Pine Hill

Avenue.

On May 24, 2016, plaintiffs commenced this action against defendant, seeking

to quiet title to the disputed area based on a claim of adverse possession. The

plaintiffs also filed a motion for a temporary restraining order to enjoin defendant

from engaging in what they alleged to be a trespass. On May 27, 2016, a temporary

restraining order was entered, providing that “[n]either the Plaintiffs nor the

Defendant shall enter onto the property of the other, located at 38 and 36 Pine Hill

Avenue, respectively, said boundary to be temporarily considered to be along the

line previously marked by [some vegetation], until further order of this [c]ourt.”3

An amended complaint was filed on June 2, 2016.4 Approximately five years

later, in March of 2021, defendant filed an answer to plaintiffs’ amended complaint.

The defendant’s answer was accompanied by a counterclaim, which alleged and/or

requested the following: (1) declaratory relief to quiet title to the disputed area; (2)

3
On June 3, 2016, defendant filed an “Objection to Plaintiffs’ Restraining
Order,” in which defendant asserted that he had a certified survey indicating that the
disputed area was in fact his legal property. An order vacating the temporary
restraining order was entered on November 30, 2023. Subsequently, on December
26, 2023, an order reinstating the May 27, 2016 temporary restraining order was
entered.
4
The amended complaint appears to add to the original complaint only a
specific reference to an adverse possession claim pursuant to G.L. 1956 § 34-7-1.
-3-
“liability for removal and/or destruction of boundary markers;” (3) “trespass and

other monetary damages;” and (4) injunctive relief.

The parties filed pre-trial briefs in June of 2024. An “Agreed Statement of

Facts and Stipulated Exhibits” was filed on July 17, 2024. Notably, Exhibit 11 in

that Agreed Statement indicated that the 2013 survey “fairly and accurately depicts

the location of the boundary between the Desrochers Property and the Micheli

Property as described in the respective deeds. It also fairly and accurately depicts

the locations of the encroachments * * *, as they existed in June of 2013.” The

Agreed Statement also noted that the survey showed that “a portion of the

playground structure and some of [Mr. Desrochers’] construction equipment

encroached onto the Micheli Property relative to the boundary shown on the [2013]

survey.”

A bench trial took place from July 22, 2024 until July 26, 2024. We relate

below the salient aspects of what transpired at the trial, and we summarize the

testimony of the various witnesses.

A

The Testimony of Raymond Desrochers

One of the plaintiffs, Raymond Desrochers, was the first witness called to

testify. Mr. Desrochers testified that he took title to 38 Pine Hill Avenue in 1985;

he stated that, at that time, the property was “all wooded” and undeveloped. He

-4-
added that, after purchasing the property, he began cutting down trees to “make room

for where the house” that he was constructing was to be located. Mr. Desrochers

stated that, at the time when he took title to the property, he had a conversation with

George Cioe (one of defendant’s predecessors-in-title) relative to the “southerly

boundary” of his property. He noted that, on one occasion when he was in the

process of cutting some trees, he had asked Mr. Cioe “how far [he could] cut to

where [the] line of hemlocks are * * *.” Mr. Desrochers testified that Mr. Cioe

responded as follows: “[A]s far as I’m concerned, from that side of the hemlocks on

is your property. You can cut whatever you like.” Mr. Desrochers described the

orientation of the hemlocks as “[m]ore or less a straight line from the front of the

road [i.e., Pine Hill Avenue] going back along the side of -- between the two property

lines.” He explained that the “line of trees runs in a generally, east/west direction”

with his property lying to the northerly side of the line.

Mr. Desrochers testified that, in 1989, he planted grass roughly fifty-to-sixty

feet easterly from the roadway, which went along and up to the hemlock tree line.

He further stated that he has continuously maintained that area through regular lawn

care, including leaf removal. It was also Mr. Desrochers’ testimony that he installed

a basketball court area adjacent to the lawn—the surface of which is “stone dust.”

He additionally stated that, in or about 1989, he installed a semi-circular row of

“landscaping stones” that also ran to the tree line, his purpose being to separate the

-5-
lawn from the stone dust. According to Mr. Desrochers, in or around 1989, he also

performed other work (including regular maintenance) easterly of the stone dust

area—such as planting a garden, mulching, and grass-planting, all of which

remained in that location until approximately 2014.

Mr. Desrochers also testified relative to the playset, which is located to the

east of the just-referenced mulch and planted areas. He stated that he built the

playset around 1991 and that there have not been any changes to that area since that

time. The playset is located in a rectangular area bordered by retaining rock walls,

which were installed by Mr. Desrochers in 1990. Mr. Desrochers testified that a

stone dust surface, which was also placed in the area in 1991 and serves as the base

for the playset, runs to the tree line. It was Mr. Desrochers’ testimony that, since

1991 to “the east, going back” from the southeast corner of the playset, he has stored

some of his construction equipment—notably, “[a]luminum poles and staging.” He

added that this “staging” area runs approximately up to the tree line.

Mr. Desrochers testified that the hemlock tree line, which was no longer in

existence as such at the time of trial, was located to the south (i.e., the right) of the

boundary line between his property and 36 Pine Hill Avenue. He additionally noted

that he never had any discussions relative to the location of the boundary line with

the owners who succeeded Mr. Cioe (Marilyn and Russell Bizier) or with the

-6-
defendant in this action. According to Mr. Desrochers, the tree line was removed by

defendant around 2014.

Mr. Desrochers also testified about numerous photographs that had been

admitted as full exhibits; those photographs depicted the original tree line and the

stumps of the trees that remained after the removal of the trees themselves. He also

testified relative to photographs depicting the areas about which he had previously

testified, including but not limited to the portions of land that contained the stone

dust and cobblestones, mulch, grass, and the playset. He further testified as to

exhibits which depicted the portion of the disputed area where he stored his staging

equipment. In addition to those exhibits, Mr. Desrochers testified as to photographs

which showed stakes with attached strings that had been placed by both the surveyor

during the 2013 survey and also by defendant’s father.

On cross-examination, Mr. Desrochers testified that, during the conversation

with Mr. Cioe when he was clearing the trees on his property in 1985, he did not

discuss installing a playset area for his children. He also acknowledged that, in 1985,

he had his land surveyed. However, Mr. Desrochers stated that, at that time, he did

not have any conversation with the surveyor relative to the exact location of the

boundary line between his property and 36 Pine Hill Avenue and that he was

unaware that the hemlock tree line did not coincide with the boundary line. He

further acknowledged that he never “had any conversations about the boundary line

-7-
whatsoever” with the Biziers, but he added that the Bizier children made use of the

playset that he had installed. Mr. Desrochers testified that his use of the disputed

area did not change during the Biziers’ ownership of the property. Mr. Desrochers

maintained that he never sought permission from Mr. Cioe relative to any action that

he chose to take regarding the property.

Mr. Desrochers acknowledged that he was unable to provide the “exact square

footage” of the disputed area, and he said that he had never measured that portion of

land. On redirect examination, while referring to exhibits which showed the playset

and also boundary line stakes and strings as well the previous hemlock tree line (and

the stumps that existed after the tree line’s removal), Mr. Desrochers provided

estimates as to the footage and shape of the disputed area.

B

The Testimony of Marilyn Bizier

Marilyn Bizier was the next witness called to testify. She testified that, in July

of 1987, she took title to 36 Pine Hill Avenue with her then-husband.5 Ms. Bizier

stated that, at the time of the purchase of the property, she believed that the row of

hemlock trees separating the two properties constituted the boundary between the

properties. She noted that the tree line “started right near the street” and ended

5
Ms. Bizier testified that she moved out of the 36 Pine Hill Avenue home in
2001.
-8-
“towards the pool” behind her house. It was Ms. Bizier’s testimony that she and her

then-husband had a friendly relationship with plaintiffs, and she said that their

respective children would play together on plaintiffs’ playset.

Ms. Bizier testified that she never had any discussions with the sellers of the

36 Pine Hill Avenue property as to where the boundary line was located. She further

testified that there was never any mention by Mr. or Mrs. Cioe, or by real estate

agents, or by attorneys that Mr. Cioe had given “permission to the Desrochers to use

any part of their land.”

On cross-examination, Ms. Bizier stated that she had never requested any

surveys of the property while she was living there. She additionally testified that

she did not recall there being staging equipment located behind the playset. Ms.

Bizier stated that she assumed that the disputed area belonged to plaintiffs because

it had been cleared and used by them.

C

The Rule 50 Motion

Upon the completion of the above-summarized testimony, plaintiffs rested.

Immediately thereafter, defendant moved pursuant to Rule 50 of the Superior Court

Rules of Civil Procedure for judgment as a matter of law. In support of his motion,

defendant asserted that plaintiffs had failed to establish the element of hostility by

clear and convincing evidence. The defendant further cited Coscina v. DiPetrillo,

-9-
186 A.3d 590 (R.I. 2018), arguing that plaintiffs had not established by clear and

convincing evidence the dimensions and footage of the disputed area. The trial

justice initially reserved decision on the motion. After reviewing the relevant

caselaw and the parties’ arguments, the trial justice denied defendant’s Rule 50

motion.

D

The Testimony of George Cioe

In presenting his case-in-chief, defendant first called George Cioe to testify.

Mr. Cioe testified that he purchased 36 Pine Hill Avenue in or about 1980.6 He

testified that, when he purchased the property, there was a row of hemlock trees

separating his property from what is now plaintiffs’ property. He added that, prior

to plaintiffs’ purchasing their property, he did not have any discussions with anyone

about the location of the boundary line because he had “always assumed it was the

hemlocks.” Mr. Cioe further testified that, at some point after Mr. Desrochers began

building his house, he had a discussion with him while standing near the hemlock

tree line. He specifically recalled:

“I remember him coming over and us standing by
the hemlock trees at the front of the yard. * * * And * * *
he was talking about where the land, if I knew where the
land was and I just said to him, look, I’m never going to

6
Mr. Cioe stated that, when he purchased the property in or about 1980, the
number assigned to it was 116 Pine Hill Avenue. The record reflects that it has since
been renumbered as 36 Pine Hill Avenue.
- 10 -
move these hemlocks. They were huge. What you do on
that side is yours. What I do on this side is mine.”

Mr. Cioe further testified that, when Mr. Desrochers inquired as to whether

he could make improvements on the other side of the hemlocks, Mr. Cioe responded:

“[I]f you’re on the other side of the hemlocks, you’re not anywhere along my

property, * * * I don’t care what you do at your house.” He stated that the

improvements that he and Mr. Desrochers discussed included, but were not limited

to, a playset.

In the course of the trial, Mr. Cioe was questioned about his testimony at his

deposition that was taken as part of the discovery process.7 Mr. Cioe conceded that,

when asked at his deposition if he intended to convey title to Mr. Desrochers, he

answered: “I gave him permission to use the property.” In response to defense

counsel’s question if there was “any reason why that would be different today?” Mr.

Cioe stated: “Change giving him permission to use, no. Not that I can see.” On

redirect examination, Mr. Cioe acknowledged that, at his deposition, he had testified

to a specific discussion with Mr. Desrochers relative to the boundary line. When

asked at his deposition what precipitated that conversation, Mr. Cioe responded:

“He had bought the lot. Because he was building a
house, he had this lot surveyed. And then, I guess, his
reason for coming to me was that he had determined that
the land on the other side of the trees was, in fact, property
of mine that was not used. And he, basically, came to me

7
Mr. Cioe’s deposition testimony was admitted as a full exhibit at trial.
- 11 -
-- asked me permission if he could build some type of
plaything for his kids on that property there.”

E

The Testimony of Luigi Micheli III

The defendant, Luigi Micheli III, was the final witness called to testify. He

testified that he owns the land adjacent to plaintiffs’ property and that he purchased

it in July of 2011 from Mr. Bizier. Mr. Micheli testified that, when he purchased the

property, the row of hemlock trees still existed on his property. He added that,

although he was not certain as to where the boundary was exactly located, he had

not considered the hemlock tree line to be the boundary line separating the

properties. It was further his testimony that he had never had a conversation with

plaintiffs or the Biziers relative to the location of the boundary line, but he added

that Mr. Desrochers had informed him that defendant owned the hemlock trees. Mr.

Micheli testified that, before he had a survey of the property carried out in 2013, Mr.

Desrochers had requested that he move certain trees that had been planted close to

the playset; he stated that he agreed to do so.

According to Mr. Micheli, he had a survey of the property completed in 2013

because of a different potential property dispute. He noted that the surveyor placed

stakes at the front and back of the property and that he and his father eventually

installed a pole and a string between the stakes, intending for them to serve as

indications of the boundary line as determined by the survey.
- 12 -
The defendant rested upon the completion of Mr. Micheli’s testimony.

F

The Trial Justice’s Decision and the Subsequent Travel of the Case

In lieu of closing arguments, the parties submitted post-trial briefs in

December of 2024.8 On March 21, 2025, the trial justice rendered a bench decision.

He began by providing a recitation of the facts of the case as well as the pertinent

law relative to adverse possession claims. The trial justice next ruled that plaintiffs

had satisfied the following elements of an adverse possession claim: actual

possession as well as open and notorious, continuous, and exclusive use.

Turning to the element of hostility, the trial justice noted that defendant’s

primary argument was that plaintiffs had received permission from Mr. Cioe during

a conversation that took place in 1985. The trial justice further noted that plaintiffs

countered by asserting that, even if permission had been given, the sale of the 36

Pine Hill Avenue property to the Biziers would have constituted a new hostile act.

However, citing Barrow v. D & B Valley Associates, LLC, 22 A.3d 1131 (R.I. 2011),

the trial justice noted that this Court in that case held (in the trial justice’s words)

that “irrespective of which parcel is sold, be it dominant or servient, such alienation

does not constitute a new hostile act for purposes of acquisition through adverse

possession.” The trial justice additionally stated that plaintiffs’ reliance on

8
The plaintiffs filed a “Post-Trial Reply Brief” on January 13, 2025.
- 13 -
extra-jurisdictional caselaw was unpersuasive and that it “failed to convince the

[c]ourt to pivot from the holding in Barrow * * *.”

The trial justice next addressed the evidence produced at trial. He specifically

stated:

“Throughout the pendency of this case, Mr.
Desrochers’ testimony and position are clear that he
believed permission was never given. However, at his
deposition Mr. Cioe gave a different view of the
conversation. He repeatedly stated that he gave
permission to Mr. Desrochers to build on the northern side
of the hemlocks. When asked what precipitated the
conversation regarding the boundary line, Mr. Cioe stated,
in quotes, Mr. Desrochers basically came to ask me
permission if he could build some kind of plaything for his
kids on the property there.

“Later during the deposition, when asked if they
ever spoke about the boundary line at a later date, Mr.
Cioe’s response was, No. After I gave him permission, we
didn’t talk about it again. Finally, during his deposition,
when asked if Mr. Cioe intended to convey title of the
disputed area to Mr. Desrochers, Mr. Cioe answered, in
quote, I gave him permission to use the property.”

The trial justice further noted that Mr. Cioe’s testimony at trial was different from

what it had been in his deposition. He summarized Mr. Cioe’s trial testimony as

follows:

“[W]hen relaying to the [c]ourt the substance of the
conversation with Mr. Desrochers, Mr. Cioe stated, I just
said to him, Look, I’m never going to move these
hemlocks, and what you do on that side is yours and what
I do on this side is mine. This testimony would suggest
that if he had desired, he had the ability to move the trees,
- 14 -
in essence suggesting ownership of the land to the north of
the trees.

“However, Mr. Cioe also testified that he informed
Mr. Desrochers, If you’re on the other side of the
hemlocks, you’re not anywhere along my property or on
my property, I don’t care what you do at your house. This
statement could also suggest that permission was not given
and that Mr. Cioe believed that the hemlock trees were the
true property line.”

The trial justice found that the differences between Mr. Cioe’s deposition testimony

and his trial testimony “cloud[ed] the hostility requirement” and that it was never

clear to the court “whether or not Mr. Cioe intended to give Mr. Desrochers

permission or was affirming his own belief that the land on the northern side of the

trees was past his property line.” According to the trial justice, the “conversation

between Mr. Desrochers and Mr. Cioe [wa]s murky at best.”

In assessing the credibility of the witnesses, the trial justice found that, while

Mr. Desrochers’ testimony was consistent, “he had a vested interest in the outcome.”

He added that Mr. Desrochers had the property surveyed in 1985, which suggested

to the court “some understanding knowledge of the true boundary line.” Focusing

next on Mr. Cioe, the trial justice observed that Mr. Cioe is “two owners removed

and has no interest in this litigation.” The trial justice emphasized Mr. Cioe’s

deposition testimony, in which his recollection about permission was internally

consistent. While Mr. Cioe’s trial testimony somewhat differed from his deposition

testimony, the trial justice stated that Mr. Cioe acknowledged that his deposition
- 15 -
testimony “accurately reflected his understanding of the conversation in 1985.” As

a result of his conclusion that permission may have been given by Mr. Cioe to Mr.

Desrochers, the trial justice found that plaintiffs failed to meet their burden of

establishing the element of hostility through clear and convincing evidence.

The trial justice went on to find that the “possible” permission given by Mr.

Cioe extended along and to the north of the line of hemlocks. It was his further

finding that, based on the evidence presented at trial, “the line of hemlocks

terminated right at the footings of the playset.” Based on this determination, he ruled

that “the portion of the disputed area that continues after the termination of the old

hemlock line was sufficiently hostile, as permission for the use of that area was never

given by Mr. Cioe or any subsequent owners.”

In addressing defendant’s argument that plaintiffs failed to define the disputed

area, the trial justice rejected the notion that a boundary must be specifically defined

by metes and bounds. He explained that, in this case, it was uncontested that the line

of hemlocks served “as the demarcation of the boundary line of where the permission

was given for use between the two properties and has been established with enough

particularity to serve as a basis for a boundary line.” Additionally, the trial justice

found that the evidence admitted at trial did not establish trespass by plaintiffs.

The trial justice concluded by ruling that

“the [plaintiffs] have adversely possessed the portion of
the disputed area that lies from the western footings of the
- 16 -
playset east into the woods where the staging area is kept.
The [plaintiffs] have failed to claim the property through
adverse possession beyond the line of the hemlocks from
Pine Hill Avenue east to the footing of the playset. The
[plaintiffs] are given 30 days to remove structures within
that area, after which [defendant] may dispose of anything
remaining in that area.”

For those stated reasons, the trial justice granted in part and denied in part plaintiffs’

claim for adverse possession. Similarly, he granted in part and denied in part

defendant’s request for a declaratory judgment, and he denied defendant’s remaining

counterclaims.9

On June 4, 2025, final judgment reflecting the trial justice’s decision was

entered, and plaintiffs filed a timely notice of appeal on the same day. The defendant

filed a cross-appeal on June 10, 2025.

II

Issues on Appeal

On appeal, plaintiffs assert that, pursuant to Rhode Island law, the trial justice

erred when he ruled that the conveyance of 36 Pine Hill Avenue did not terminate

any alleged permission Mr. Cioe may have given. Second, plaintiffs contend that

“the trial justice’s factual finding that permission was actually given was clearly

wrong and based partially on speculation.” Third, plaintiffs argue, in the alternative,

9
The trial justice also suggested that the parties “work together to delineate [the
new property line within the disputed area] with a surveyor or to get the metes and
bounds for recording purposes.” See Part IV.E., infra.
- 17 -
that any permission that may have been given related only to the playset and not to

any other uses or improvements on the disputed area.

In his cross-appeal, defendant principally argues that the trial justice

overlooked or misconceived the evidence or clearly erred in finding that “Mr. Cioe’s

giving of permission to the Desrochers in 1985 only applied to eliminate the

‘hostility’ element of the Desrochers’ claim to adverse possession concerning a

specific portion of the Disputed Area at issue, rather than such permission applying

to all of the Disputed Area * * *.” (Emphasis omitted.) Additionally, in regard to

his counterclaim, defendant contends that the trial justice was clearly wrong in

rejecting his argument that plaintiffs had failed to prove their claim for adverse

possession because they did not establish the location of the disputed area by clear

and convincing evidence.

III

Standard of Review

This Court “will not disturb the findings of a trial justice sitting without a jury

unless such findings are clearly erroneous or unless the trial justice misconceived or

overlooked material evidence.” Clark v. Buttonwoods Beach Association, 226 A.3d

683, 690 (R.I. 2020) (quoting Quillen v. Macera, 160 A.3d 1006, 1010 (R.I. 2017)).

And we have further stated that “[w]e accord great weight to a trial justice’s

determinations of credibility, which, inherently, are the functions of the trial court

- 18 -
and not the functions of the appellate court.” Id. (quoting Quillen, 160 A.3d at 1010).

Importantly, we have stated that “the deference that this Court affords the trial justice

is at its zenith” in cases involving such fact-intensive inquiries as adverse possession.

Butterfly Realty v. James Romanella & Sons, Inc., 93 A.3d 1022, 1033 (R.I. 2014)

(Butterfly Realty II).

Questions of law, by contrast, are reviewed in a de novo manner. Clark, 226

A.3d at 690.

IV

Discussion

A

The Parties’ Arguments

On appeal, plaintiffs contend that their “use of the disputed area was hostile[10]

* * * for well over twenty years.”11 They assert that this Court’s holding in Foley v.

10
With the exception of the issue concerning the location of the disputed area
discussed infra, neither party is contesting the trial justice’s findings as to the
remaining elements of an adverse possession claim. For that reason, we confine our
analysis to the issue of hostility.
11
It will be recalled that the trial justice found that plaintiffs had failed to prove
by clear and convincing evidence that they adversely possessed the portion of the
disputed area along the previous hemlock tree line. However, the trial justice found
that plaintiffs did satisfy their burden as to the portion of the disputed area that
extended beyond the tree line. Therefore, it is our understanding that plaintiffs’ main
contention on appeal pertains to the portion of the disputed area located along the
previous hemlock tree line.
- 19 -
Lyons, 85 R.I. 86, 125 A.2d 247 (1956),12 is squarely applicable to the instant case.

They emphasize the similarity between the facts in Foley and those in the instant

case, in that both involve the sale of a servient parcel of land, which terminated the

permission granted by a prior owner. The plaintiffs further argue that the facts in

the instant case are distinguishable from the facts of Barrow v. D & B Valley

Associates, LLC, 22 A.3d 1131 (R.I. 2011), and Hilley v. Lawrence, 972 A.2d 643

(R.I. 2009), in that both Barrow and Hilley dealt with the sales of dominant parcels

rather than servient parcels.

In the alternative, plaintiffs contend that the trial justice overlooked or

misconceived material evidence relative to the alleged permission from Mr. Cioe

regarding the use of the disputed area. Specifically, plaintiffs allege that Mr. Cioe’s

testimony did not “objectively constitute[] a request for permission from [Mr.

Desrochers] or his own grant of permission.” They add that, if this Court were to

hold that Mr. Cioe gave permission to plaintiffs, they would in reply further argue

that the permission extended only to the playset and that it did not refer to any other

use of the disputed area or improvements thereon.

12
In Foley v. Lyons, 85 R.I. 86, 125 A.2d 247 (1956), this Court held that the
sale of a servient parcel terminated permission that had been previously granted to
the complainants by the owner of the servient parcel. Foley, 85 R.I. at 90, 125 A.2d
at 249.

- 20 -
For his part, defendant asserts in his cross-appeal that the trial justice did not

misconceive or overlook material evidence in finding that plaintiffs “failed to prove

the ‘hostility’ element of adverse possession by clear and convincing evidence for

all of the Disputed Area.” The defendant specifically contends that the trial

testimony and the other evidence presented at trial relative to the defense of

permission

“if not conclusively precluding the Desrochers from
adversely possessing the Disputed Area, was, at the very
least, sufficient to raise a question about whether
permission existed, which precluded the trial court from
finding that there was clear and convincing evidence of
‘hostility’ and from granting judgment for the Desrochers
for adverse possession as a result.”

It is further defendant’s position that the trial justice was not clearly wrong in

rejecting plaintiffs’ argument that conveyance of a servient parcel alone “turns a

once permissive use into a hostile one for purposes of adverse possession.”

With respect to the portion of the disputed area that extended beyond the tree

line, defendant asserts that the trial justice misconceived or overlooked material

evidence and was clearly wrong in “arbitrarily” finding that plaintiffs had proven by

clear and convincing evidence the hostility element of adverse possession. The

defendant states: “[T]here was no specific testimony given about the ‘western

footings of the playset east into the woods,’ and there was never any conclusive

evidence concerning where or when the construction ‘staging area,’ as the trial court

- 21 -
put it, came to be on the Disputed Area.” The defendant further argues that the

testimony elicited at trial does not support the trial justice’s “splitting up of the

‘permission’ granted into two distinct sections of the Disputed Area — one with

permission given, and another without.”

Lastly, defendant contends that the trial justice was clearly wrong in finding

that plaintiffs proved their claim for adverse possession because they had failed to

clearly define the exact location and dimensions of the disputed area that they claim

to have adversely possessed. According to defendant, the trial justice misinterpreted

the relevance of this Court’s holding in Coscina v. DiPetrillo, 186 A.3d 590 (R.I.

2018). The defendant also takes issue with the trial justice’s attempt by using

language of his own “to define and separate the two portions of the Disputed Area

* * *.”

The plaintiffs argue that defendant’s cross-appeal fails because sufficient

evidence existed in the record to determine the location of the old tree line through

“[r]easonable estimates.” Additionally, plaintiffs contend that the trial justice has

“equity authority to order a survey to more precisely determine and/or describe the

boundary between 38 and 36 Pine Hill.”

- 22 -
B

The Relevant Law

This Court has established that a “party may acquire land pursuant to the

doctrine of adverse possession when the elements identified in the General

Assembly’s codification of this method of acquisition are met.” Union Cemetery

Burial Society of North Smithfield v. Foisy, 292 A.3d 1205, 1214 (R.I. 2023)

(internal quotation marks omitted). General Laws 1956 § 34-7-1 provides:

“Where any person or persons, or others from whom he,
she, or they derive their title, either by themselves, tenants
or lessees, shall have been for the space of ten (10) years
in the uninterrupted, quiet, peaceful and actual seisin and
possession of any lands, tenements or hereditaments for
and during that time, claiming the same as his, her or their
proper, sole and rightful estate in fee simple, the actual
seisin and possession shall be allowed to give and make a
good and rightful title to the person or persons, their heirs
and assigns forever; and any plaintiff suing for the
recovery of any such lands may rely upon the possession
as conclusive title thereto, and this chapter being pleaded
in bar to any action that shall be brought for the lands,
tenements or hereditaments, and the actual seisin and
possession being duly proved, shall be allowed to be good,
valid and effectual in law for barring the action.”

We have also stated that, in order “to obtain title by adverse possession, a claimant

must prove actual, open, notorious, hostile, continuous, and exclusive use of the

property under a claim of right for at least a period of ten years.” Union Cemetery

Burial Society of North Smithfield, 292 A.3d at 1214 (internal quotation marks and

brackets omitted). And we have further stated that, in order to prevail on a claim of
- 23 -
adverse possession, a party “must establish the required elements by strict proof, that

is, proof by clear and convincing evidence.” Clark v. Buttonwoods Beach

Association, 226 A.3d 683, 690-91 (R.I. 2020) (quoting DiPippo v. Sperling, 63

A.3d 503, 508 (R.I. 2013)). This Court has also made it clear that “[u]pon ten years

of uninterrupted, quiet, peaceful and actual seisin and possession of the land, good

and rightful title vests immediately in the adverse claimant.” Id. at 691

(quoting Carnevale v. Dupee, 783 A.2d 404, 412 (R.I. 2001)).

This Court has held that “[t]o require adverse possession under a claim of right

is the same as requiring hostility, in that both terms simply indicate that the claimant

is holding the property with an intent that is adverse to the interests of the true

owner.” Clark, 226 A.3d at 691 (quoting DiPippo, 63 A.3d at 508); see Tavares v.

Beck, 814 A.2d 346, 351 (R.I. 2003) (“[T]he pertinent inquiry centers on the

claimants’ objective manifestations of adverse use rather than on the claimants’

knowledge that they lacked colorable legal title.”). It has been further established

that “a claim of right may be proven through evidence of open, visible acts or

declarations, accompanied by use of the property in an objectively observable

manner that is inconsistent with the rights of the record owner.” Tavares, 814 A.2d

at 351. “A possessor’s use is hostile if it is a use inconsistent with the right of the

owner, without permission asked or given, such as would entitle the owner to a cause

- 24 -
of action against the intruder for trespass.” Clark, 226 A.3d at 691 (quoting DiPippo,

63 A.3d at 508).

C

The Issue of Permission13

Permission to use another’s land fatally undermines the element of hostility.

See Tefft v. Reynolds, 43 R.I. 538, 542, 113 A. 787, 789 (1921) (“When a party enters

into possession of land under permission or license from the owner, the presumption

is that his possession is in subordination to the true owner in the absence of acts

amounting to a disseizin.”); see also Butterfly Realty II, 93 A.3d at 1032. To that

end, this Court has stated that “[w]hen permission is granted for a particular use, a

later use of the same kind cannot be characterized as adverse.” Hilley v. Lawrence,

972 A.2d 643, 652 (R.I. 2009). However, “[a] permissive use may become hostile

only when the permission has been withdrawn or when events have occurred

indicating that the original permission no longer obtained.” Id. (internal quotation

marks, brackets, and deletion omitted); see 16 Richard R. Powell, Powell on Real

Property § 91.05[5][a] at 91–32 (2000) (“When possession has begun under

circumstances justifying that the true owner granted permission to the claimant, such

13
The following are the full citations to this Court’s decisions that will be
extensively discussed in this section of this opinion: Foley v. Lyons, 85 R.I. 86, 125
A.2d 247 (1956); Hilley v. Lawrence, 972 A.2d 643 (R.I. 2009); Barrow v. D & B
Valley Associates, LLC, 22 A.3d 1131 (R.I. 2011).
- 25 -
possession cannot acquire the character of adverse possession until the claimant

rebuts the presumption of continued subservience.”).

As discussed in the preceding paragraph, permission to use another’s land

negates the element of hostility. Citing Foley, it is plaintiffs’ position, however, that

the sale or conveyance of a servient parcel terminates any prior permission given.

The defendant disagrees, asserting that the holdings of Hilley and Barrow (as

defendant understands those holdings) apply, in that a prior owner of 36 Pine Hill

Avenue (Mr. Cioe) granted verbal permission directly to plaintiffs to use the

disputed area for their playset and construction materials and “the same initially

permissive use continued and did not change from 1985, when such permission was

granted, through May 16, 2016, when [Mr.] Micheli served his Notice of Intent and

thereby revoked the prior permission granted by [Mr.] Cioe.” Put simply, it is

defendant’s contention that, without any new act or change in use, the mere

conveyance of a servient parcel does not change the permissive use into a hostile

one for purposes of adverse possession. The defendant posits that, because Foley

predated Hilley and Barrow, Foley is no longer “good law” and cannot “alter the

later holdings” of this Court. (Emphasis omitted.)

It is our view that defendant misinterprets the holdings of Hilley and Barrow

and underestimates the import of the Foley case. First, we note that the mere fact

that the cases of Hilley and Barrow were issued after the issuance of the Foley

- 26 -
decision does not invalidate the holding of Foley on the basis of that chronological

fact alone. Second, although Foley does predate Hilley and Barrow, a

straightforward reading of the three cases indicates that Hilley and Barrow are not

inconsistent with Foley. Rather, they can and should be read in conjunction with

each other and in a manner that comports with the significance of the respective

cases.

We are first guided by the factual scenarios presented in Foley, Hilley, and

Barrow. In Foley, the complainants sought to establish an easement over an

eight-foot driveway as well as to enjoin the respondents from interfering with the

complainants’ use of that driveway. Foley, 85 R.I. at 87, 125 A.2d at 247. The

complainants had purchased property (lot 14) from one Ludger Ferland, who owned

two adjoining lots (Nos. 13 and 14) with an eight-foot “boundary line” between them

that served as a driveway. Id. at 87, 125 A.2d at 248. The complainants alleged that,

at the time of the purchase, Mr. Ferland gave them oral permission to use a portion

of lot 13 and informed the complainants that he would grant them a right-of-way

over a portion of the driveway on lot 13 as soon as he sold that lot. Id. Mr. Ferland

subsequently sold lot 13. Id. at 88, 125 A.2d at 248. At a later point, the respondents

began construction of a cement wall along the property line of lot 13, which

prompted complainants to seek a determination that there was a prescriptive

- 27 -
easement. Id.14 It was the respondents’ contention that the complainants’ use was

not “hostile or adverse and under a claim of right” in that “it was always a permissive

use.” Id. at 89, 125 A.2d at 248. We emphasize that it is clear from the facts recited

in the Foley opinion that that case involved the sale of a servient parcel.

In stark contrast with the factual context of Foley, the Court in both Hilley and

Barrow addressed the specific factual situations in which dominant parcels were

subsequently sold to new owners. In Hilley, this Court considered the impact of the

sale of a dominant parcel on uses that had been granted through prior consent by the

owner of the servient parcel. Hilley, 972 A.2d at 647, 652. The plaintiffs were

property owners who sought to enjoin the defendant from using a vehicle to cross

their land in order to reach his lot. Id. at 647. According to the testimony elicited at

trial, the plaintiffs (the owners of the servient parcel) had granted permission to the

previous owners of the dominant parcel to pass over the land to reach the subject

parcel. Id. In due course, the dominant parcel was eventually sold to the defendant,

who had “neither asked for nor received permission from the Hilleys * * *.” Id.

Similarly, in Barrow, the plaintiffs purchased a dominant parcel from

individuals who had been previously given permission by their neighbor to use a

portion of his property. Barrow, 22 A.3d at 1132-33. In addressing whether the

14
The Foley opinion also alludes to the fact that Mr. Ferland “never carried out
his promise to grant them a right-of-way over lot 13 when he sold it * * *.” Foley v.
Lyons, 85 R.I. 86, 88, 125 A.2d 247, 248 (1956).
- 28 -
permissive nature of the use came to an end when the previous owners of the

dominant parcel conveyed the property to the plaintiffs, the Court answered in the

negative. Id. at 1134. The Court in Barrow held that the reasoning in Hilley was

applicable to the facts at issue in that case in that “a use that is originally permissive

cannot ripen into a claim for adverse possession absent any new hostile act.” Id.

Because Foley distinctly involved the sale of a servient parcel, whereas

Hilley and Barrow dealt with the sales of dominant parcels, we are of the opinion

that each of the differing holdings are sound and can readily be reconciled with one

another. In Foley, this Court held that the sale of the servient parcel terminated the

prior permission given to the complainants:

“It is admitted that complainants’ original user was
permissive and by oral license. It therefore could not ripen
into adverse user no matter how long continued provided
such user was referable to the permission granted. * * *
However, this oral license was revoked by Ferland’s
conveyance of lot 13 to the Hayhursts in 1929. * * * After
such conveyance complainants’ use could mature into an
easement if all the necessary elements were present and
proved by clear and positive evidence.” Foley, 85 R.I. at
90, 125 A.2d at 249 (emphasis in original).

This well-reasoned conclusion is supported by the principle that permission is

premised on the concept that it is a personal license possessed solely by the owner

of the servient land. See Tefft, 43 R.I. at 542, 113 A. at 789. A license has been

defined as:

- 29 -
“[P]ermission to do an act or a series of acts on another’s
land that, absent authorization, would constitute trespass.
Because permission is the voluntary grant of a personal
privilege, the landowner may usually revoke consent at
any time and thereby terminate the license. Given their
revocable nature, licenses generally are not considered to
reach the status of interests in land.” Jon W. Bruce, James
W. Ely, Jr. & Edward T. Brading, The Law of Easements
and Licenses in Land § 1.4 (West 2026) (emphasis added);
see Boyce v. Cassese, 941 So. 2d 932, 941 (Ala. 2006).15

As a result, the conveyance of a servient parcel to a subsequent person or entity that

lacks knowledge of any prior permission terminates the personal license possessed

by the owner.

The holding of Foley and its reasoning are not at all inconsistent with the

holdings of Hilley and Barrow. In Hilley, this Court concluded that the trial justice’s

finding of the plaintiffs’ permission granted to the previous owners of the dominant

parcel defeated the defendant’s claim of a prescriptive easement. Hilley, 972 A.2d

at 652. The Court noted that “[w]hen permission is granted for a particular use, a

later use of the same kind cannot be characterized as adverse.” Id. In applying this

principle to the facts at issue in Hilley, the Court determined that, because the use of

the servient parcel by the previous owners was by permission from the outset, the

defendant’s “initial use was not hostile and could not ripen into a prescriptive

15
Black’s Law Dictionary defines “license” as “[a] permission, * * * revocable,
to commit some act that would otherwise be unlawful; esp., an agreement * * * that
it is lawful for the licensee to enter the licensor’s land to do some act that would
otherwise be illegal * * *.” Black’s Law Dictionary 1101 (12th ed. 2024).
- 30 -
easement.” Id. The Court went on to hold that “[a] permissive use may become

hostile only when the permission has been withdrawn or when events have occurred

indicating that the original permission no longer obtained.” Id. (internal quotation

marks, brackets, and deletion omitted).

This Court in Barrow expressly rejected the plaintiffs’ reliance on a

Pennsylvania case, Waltimyer v. Smith, 556 A.2d 912 (Pa. Super. Ct. 1989), which

involved the sales of both parcels after the time when the original permissive use

had been granted. Barrow, 22 A.3d at 1135. The plaintiffs in Barrow relied on

Waltimyer to support their argument that the permissive use terminated as a result of

the sale of the dominant parcel to new owners. Id. The Court in Barrow stated that

it was not persuaded by the Pennsylvania Superior Court’s reasoning that “[t]he fact

that a predecessor in interest may have made similar use of the land in question by

permission does not affect the adverse character of a successor’s use, because the

predecessor’s prior permissive use involves merely a revocable personal license.”

Id. (emphasis omitted) (quoting Waltimyer, 556 A.2d at 914). The Court in Barrow

concluded that, because the permission had neither been withdrawn nor had the

nature of the use changed, the plaintiffs had not proven the element of hostility. Id.

The conveyances of the dominant parcels in Hilley and Barrow yielded a

different legal outcome from that in Foley because the permission to use the servient

parcels continued to exist in the Hilley and Barrow cases in spite of the subsequent

- 31 -
sales of the dominant parcels.16 It follows that, because the right to grant permission

is held only by the servient estate, a sale of a dominant parcel carries no legal

consequence with respect to the permission granted to the dominant estate. And the

facts summarized in the Hilley and Barrow opinions do not indicate that permission

was ever revoked by the respective servient estates; consequently, alternative clear

and convincing proof was required to show occurrences demonstrating either the

existence of new hostile acts or that the original permission no longer obtained. See

Hilley, 972 A.2d at 652; Barrow, 22 A.3d at 1135.

The reasoning of the above-cited cases applies squarely to the instant case.

Assuming arguendo that Mr. Cioe did grant plaintiffs permission to use the disputed

area along the hemlock tree line, the record reflects that the subsequent owners, the

Biziers, were unaware of any such permission having been given to plaintiffs. It

would be illogical to assume that permission to use the servient land continued when

the successive owners had no knowledge of any prior permission. The plaintiffs’

use of the property could therefore be viewed as adverse because the new servient

owner should have been on notice of the actual and open use by the dominant estate.

For these reasons, the trial justice erred in finding that, irrespective of whether

the dominant or servient parcel was sold, “such alienation does not constitute a new

16
We note that in Barrow the servient estate was conveyed to subsequent owners
that had knowledge of the prior permission granted. Barrow, 22 A.3d at 1132 n.4.
- 32 -
hostile act for purposes of acquisition through adverse possession.” We therefore

proceed to determine whether plaintiffs have satisfactorily established the element

of hostility for purposes of an adverse possession claim.

D

The Element of Hostility

The plaintiffs contend that they have proven, by clear and convincing

evidence, that they have adversely possessed not only the portion of the disputed

area which the trial justice found they had adversely possessed but rather the entire

disputed area. The defendant disagrees, contending that plaintiffs have failed to

establish the element of hostility as to any portion of the entire disputed area.

The trial justice noted that “while there [wa]s little factual dispute as to what

the Desrochers did on the area at issue in this case, the defendant’s main argument

is that the Desrochers had permission from Mr. Cioe and that said permission was

given during the conversation between the parties in 1985.” Having ruled that,

pursuant to his reading of Barrow, neither the sale of the servient nor the sale of the

dominant parcel constituted a new hostile act, the trial justice proceeded to find that

plaintiffs had not established the element of hostility by clear and convincing

evidence for the portion of the disputed area that existed along the tree line. The

trial justice emphasized that the “conversation between Mr. Desrochers and Mr. Cioe

[wa]s murky at best” with respect to whether Mr. Cioe granted permission to

- 33 -
plaintiffs to use the land. The trial justice did, however, find that, because

permission (assuming it was granted to plaintiffs) ended at the tree line, the portion

of the disputed area that continues after the ending of the previous tree line was

sufficiently hostile.

Based on the record before us, we are of the opinion that further fact-finding

by the trial court is required. As it relates to the parcel of the disputed area that exists

along the previous tree line, the trial justice’s analysis incorrectly focused on the

issue of Mr. Cioe’s alleged permission based on his interpretation of the law.

Because we have determined that Foley directly applies to the facts of this case, a

remand for additional findings based on the application of Foley is necessary. See

Butterfly Realty v. James Romanella & Sons, Inc., 45 A.3d 584, 590, 592 (R.I. 2012)

(Butterfly Realty I).

In a somewhat similar fashion, as it concerned the parcel of the disputed area

that extends beyond the tree line, the trial justice’s finding that plaintiffs’ use was

sufficiently hostile because any alleged permission terminated at the tree line was

insufficient and lacked factual foundation in the evidence introduced at trial. While

the record supports the trial justice’s ruling that Mr. Cioe’s alleged permission

terminated at the end of the tree line, a focused inquiry as to whether plaintiffs’ use

was hostile must be made with more specific findings of fact. See Koziol Firearms,

Inc. v. Marchand, 334 A.3d 439, 444-45 (R.I. 2025) (remanding in part for further

- 34 -
fact-finding because the Court concluded that it was “evident * * * that the

fact-finding that a trial justice must ordinarily undertake * * * did not occur in this

case”); Carnevale v. Dupee, 853 A.2d 1197, 1202 (R.I. 2004) (remanding the case

for further findings of fact because the trial justice failed to fully analyze whether

the defendant had met the requirements of § 34-7-1).

E

The Location of the Disputed Area

Lastly, in his cross-appeal, defendant asserts that plaintiffs failed to prove

their claim for adverse possession because they did not establish by clear and

convincing evidence the “exact location and dimensions of the Disputed Area * * *.”

To support this position, defendant relies upon this Court’s holding in Coscina v.

DiPetrillo, 186 A.3d 590 (R.I. 2018).

In Coscina, the Court made it clear that “an accurate description of the lands,

tenements or hereditaments is an essential element of the claim itself and not an issue

that can be decided in the absence of a trial.” Coscina, 186 A.3d at 596 (internal

quotation marks omitted). We note that the Coscina case was before this Court in a

different procedural posture from that presented by the case at bar. This Court in

Coscina vacated summary judgment because it held that “without a clear

demarcation of the boundary lines, and without clear and convincing evidence of the

areas that were adversely possessed, there can be no summary judgment.” Id. The

- 35 -
Court specifically noted that “[i]n an attempt to resolve these factual issues, the

hearing justice ordered an evidentiary hearing regarding the boundary of the back

pasture and engaged in fact-finding, which is not permitted at the summary judgment

stage.” Id. at 597.

While Coscina is instructive as to the principle that a party claiming adverse

possession must establish by clear and convincing evidence the location of the areas

that said party contends have been adversely possessed, we agree with the trial

justice in the instant case that a metes and bounds description of the boundary is not

strictly required. In this case, the trial justice found that it was uncontested that the

line of hemlocks served “as the demarcation of the boundary line of where the

permission was given for use between the two properties and has been established

with enough particularity to serve as a basis for a boundary line.” We discern no

reason to disturb this ruling. The testimony and other evidence produced at trial

support the trial justice’s finding that the previous tree line was established by clear

and convincing evidence as a boundary line.

It is noteworthy that every witness provided testimony as to the existence of

the tree line. Additionally, some witnesses, particularly Mr. Desrochers, testified at

length relative to multiple exhibits portraying the disputed area and the specific uses

and activities that occurred thereon. For example, various exhibits were admitted at

trial depicting the areas that contained stone dust, cobblestones, mulch, grass, and

- 36 -
the playset. There was testimony elicited at trial and exhibits were introduced

relative to the stakes placed during the 2013 survey and the placing of a string

between the stakes by defendant and his father. Furthermore, in referencing the

exhibits which showed the boundary line stakes and strings as well as the previous

hemlock tree line (and the stumps that existed after the removal of the trees) and the

playset, Mr. Desrochers also provided estimates as to the footage and shape of the

disputed area.

It is further significant that the parties in the Superior Court jointly filed a

statement of stipulated facts, in which both parties expressly stated that the 2013

survey “fairly and accurately depicts the location of the boundary between the

Desrochers Property and the Micheli Property as described in the respective deeds.

It also fairly and accurately depicts the locations of the encroachments * * *, as they

existed in June of 2013.” Additionally, the stipulated facts indicated that the survey

showed that “a portion of the playground structure and some of [Mr. Desrochers’]

construction equipment encroached onto the Micheli Property relative to the

boundary shown on the [2013] survey.” See Union Cemetery Burial Society of North

Smithfield, 292 A.3d at 1217. For these reasons, it is our view that plaintiffs have

introduced clear and convincing evidence as to the disputed area that existed along

the previous tree line.

- 37 -
The defendant also takes issue with the trial justice’s conclusion that “the

[plaintiffs] have adversely possessed the portion of the disputed area that lies from

the western footings of the playset east into the woods where the staging area is

kept.” The defendant contends that “there was no specific testimony given about the

western footings of the playset east into the woods, and there was never any

conclusive evidence concerning where or when the construction staging area * * *

came to be on the Disputed Area.” (Internal quotation marks omitted.)

Our review of the record reveals that the evidence produced at trial only

established that the tree line ended and the staging area began at the southeast corner

of the playset. Specifically, Mr. Desrochers testified that, since 1991 to “the east,

going back” from the southeast corner of the playset, he has stored some of his

construction equipment—viz., “[a]luminum poles and staging.” He added that this

“staging” area ran approximately up to the tree line. Because the trial justice did not

make any findings as to the location of the disputed area beyond the hemlock tree

line, a factual determination as to the location of that specific portion of the disputed

area is needed.

In summation, we are remanding this case for further factual findings as to the

element of hostility with respect to both portions of the disputed area and the location

of the disputed area beyond the hemlock tree line. We additionally note that, if the

parties wish to obtain a description with specificity as to the location and dimensions

- 38 -
of the disputed area (i.e., a metes and bounds description) for recording purposes,

the Superior Court, on remand, may order the parties to have a survey of the area

carried out.

V

Conclusion

For the reasons set forth in this opinion, we affirm in part and vacate in part

the judgment of the Superior Court and remand the case to the Superior Court for

further proceedings consistent with this opinion. The record may be returned to that

tribunal.

- 39 -
STATE OF RHODE ISLAND
SUPREME COURT – CLERK’S OFFICE
Licht Judicial Complex
250 Benefit Street
Providence, RI 02903

OPINION COVER SHEET

Title of Case Raymond Desrochers et al. v. Luigi Micheli III.

No. 2025-185-Appeal.
Case Number No. 2025-186-Appeal.
(PM 16-2363)

Date Opinion Filed June 4, 2026

Justices Suttell, C.J., Robinson, Lynch Prata, and Long, JJ.

Written By Associate Justice William P. Robinson III

Source of Appeal Providence County Superior Court

Judicial Officer from Lower Court Associate Justice Christopher K. Smith

For Plaintiffs:

Kelly M. Fracassa, Esq.
Attorney(s) on Appeal
For Defendant:

Nicole M. Labonte, Esq.

SU-CMS-02A (revised November 2022)