In Emerson, the Maine Supreme Judicial Court affirmed the trial court’s ruling that the Emersons had acquired title to a disputed parcel of land by adverse possession.
Background:
- The Emersons purchased property on Essex Street in Bangor in the early 1960s.
- In 1963, they sold part of their land to Maine Rural Missions (MRM).
- In 1986, they discovered that MRM claimed title to a parcel the Emersons believed they still owned and had never intended to sell.
- The Emersons sued to quiet title.
Holding:
The Court upheld the Superior Court’s ruling that the Emersons had established title to the disputed parcel by adverse possession.
Legal Findings:
The Court found credible evidence that the Emersons met all the elements required for adverse possession:
- Actual possession – They filled the land, extended their driveway, built a garage, planted gardens and trees, stored vehicles, and used the land for recreation.
- Open and notorious – Their activities were visible and obvious, sufficient to put a reasonable landowner on notice.
- Continuous for 20 years – Use began in the early 1960s and continued without interruption.
- Hostile under a claim of right – Despite possible mistake, the Emersons intended to claim the land regardless of legal ownership.
- Exclusive use – No one from MRM ever used or challenged the Emersons’ use during the relevant period.
Conclusion:
Judgment affirmed. The Emersons obtained title to the full disputed area by adverse possession.
Summary by ChatGPT