ANDROKITES v. WHITE

“Nancy Blake White (White) and Malcolm White (collectively, the Whites) appeal from a judgment entered in the Superior Court (Washington County, Cuddy, J. ) following a nonjury trial, (1) finding in favor of an abutting landowner, Alice C. Androkites, in her trespass claim against the Whites, and (2) granting Androkites’s request for a declaratory judgment and injunctive relief prohibiting the Whites from using a footpath that crosses Androkites’s property. The Whites argue that the court erred in applying recent law on adverse possession, see Hamlin v. Niedner, 2008 ME 130, 955 A.2d 251, to conclude that they did not meet their burden of proving that they have a prescriptive easement over Androkites’s property. We affirm the judgment.”

ANDROKITES 10A3D677_063811