The case involves a boundary dispute between the Baptist Youth Camp and Clifford and Barbara Robinson, who own adjacent properties on Pennamaquon Lake. The Camp brought a declaratory judgment action to establish the boundary line, and the Robinsons joined the request, also asserting claims of adverse possession and prescriptive easement over the disputed area.
Key points from the summary:
- Boundary Line Determination: The trial court (Superior Court, Washington County, Marsano, J.) declared the location of the boundary line. The Supreme Judicial Court affirmed this determination, with a minor modification to clarify the description of the northeast corner of the Robinson property. The court relied on geographic features (Lake Pennamaquon, Ohio Brook) and identifiable monuments on the ground (asphalt walkway, cedar shrub, power pole) rather than unreliable original deed markers.
- Adverse Possession Claim: The Robinsons’ claim of adverse possession was rejected. The court found that the parties and their predecessors had engaged in “mutual use” of the disputed area, accommodating each other, which did not meet the standard for hostile, open, and notorious possession required for adverse possession.
- Prescriptive Easement Claim: The Robinsons’ claim for a prescriptive easement was also rejected. The court found that the Camp’s use of the property was consistent with its activities and was sufficient to interrupt any claimed adverse use by the Robinsons, thereby precluding the necessary acquiescence by the owner for a prescriptive easement.
The Supreme Judicial Court affirmed the lower court’s judgment as modified, concluding that the findings regarding the boundary location were not clearly erroneous and that the Robinsons did not establish their claims of adverse possession or prescriptive easement.
Summary by Gemini