GLIDDEN v. BELDEN, 684 A.2d 1306 (Me. 1996)

The plaintiffs Mahlon H. Glidden (“Mahlon Sr.”) and Mahlon S. Glidden (“Biff”) appeal from the judgment entered in the Superior Court (Kennebec County, Pierson, J.) holding that: (1) the Rangeway was abandoned and ownership to the center line thereof reverted to defendants Stevan and Cheryl Belden; (2) the Gliddens do not have a prescriptive easement over the Woods Road; (3) they are liable for treble damages to the Beldens in the amount of $18,000 for willful trespass on the Woods Road, and liable for damages in the amount of $5,000 for trespass on a portion of the former Rangeway; and (4) they must pay attorney fees in the amount of $3,000 and the costs of the litigation.

The Gliddens contend that the court erred in all of its holdings. Although we disagree with that contention, we have concluded that the conflicting claims over the status of the Rangeway must be left for future resolution pursuant to the statutory scheme enacted by the Legislature in 1987 for the purpose of clarifying title to proposed, unaccepted, unconstructed ways that are laid out in recorded subdivision plans. 23 M.R.S.A. §§ 3031-3035 (1992 & Supp.1995).

We must therefore vacate both the court’s ruling as to the Beldens’ ownership to the center line of the Rangeway and that portion of the judgment relating to the finding of trespass by the Gliddens on the Rangeway. Otherwise, we affirm the judgment.