Marblehead family files suit over neighbor’s fence

MARBLEHEAD – The Rockett family, owners of Yacht Town, LLC located on Hines Court, have turned to the courts to order an abutter to remove a partial fence erected on their property because they claim it is a trespass.Yacht Town filed the two-count complaint Wednesday afternoon in Salem Superior Court against Didier J. and Catherine S. LeLannic of Marblehead.Yacht Town, LLC, located at 15 Hines Court as part of Hines Park, is operated for the benefit of members of the Rockett family of Marblehead. The property was purchased by the late J. Hilary Rockett in 1970, trustee of Yacht Town Realty Trust, later changed to Yacht Town, LLC, in 2009.In March of 2009 Didier J. and Catherine S. LeLannic purchased the residential property at 21 Hillside Ave., which abuts the Hines Court property owned by Yacht Town, LLC.According to complaint, the LeLannics surveyed the land around the time of the sale, hoping to expand their footage, but were apparently dissatisfied with the surveyor’s plan, the suit claims.The LeLannics approached the Rockett family, questioning the boundary lines, but were once again notified that the land in question – 454 square feet that housed a trash stockade – belonged to the Yacht Town and that the LeLannics were not to enter onto the property, according to the complaint.In June of this year, the LeLannics, with no apparent advance notice, the suit states, demolished the trash stockade and began construction of a fence on that portion of the land running parallel to Hines Court.When Yacht Town learned of the demolition of the trash stockade and construction of a fence on their property, they called Marblehead police, who warned the LeLannics to stop construction of the fence and do no further damage to the area.However, the complaint states, the LeLannics’ actions have not been corrected and the fence is still on the property.The civil litigation also complains that post holes dug on the property have caused damage to the land and that destroying the property constitutes negligence.Marblehead Attorney Thomas K. Egan, who filed the civil action on behalf of Yacht Town, wants a Superior Court judge to enter a restraint ordering the LeLannics from entering the property and to remove the fence partially constructed on the land.He also seeks monetary damages for the infliction on the land with interests and costs for the claim.