The case concerns an appeal by Edgar R. Ferland from a judgment granting Marion J. Dombkowski title by adverse possession to a disputed parcel of land.

The Court addresses three main points of appeal:

• Interpretation of 14 M.R.S. § 810-A (2005): Ferland argued that the lower court erred in applying and interpreting this statute. The Supreme Judicial Court affirmed the lower court’s interpretation, holding that section 810-A amends the common law of adverse possession in Maine by eliminating the subjective intent requirement for adverse possession claims when possession is due to a mistake as to the true boundary line. This means that a mistaken belief of ownership no longer defeats an adverse possession claim, overruling previous Maine common law on this point.
• Admission of preliminary injunction transcript: Ferland contended that the court abused its discretion by admitting the entire transcript from the preliminary injunction hearing. The Court found no error, stating that M.R. Civ. P. 65(b)(2) allows for the admission of evidence from preliminary injunction hearings that would be admissible at trial on the merits, and Ferland failed to identify any inadmissible portions or demonstrate that the admission was for an improper purpose.
• Sufficiency of evidence: Ferland argued there was insufficient evidence to find actual possession and use of the entire disputed parcel for the required twenty-year period. The Court found that credible evidence in the record supported the lower court’s determination that the twenty-year prescriptive period was satisfied, noting that Dombkowski’s brother began clearing and maintaining the land, and using it as a driveway, starting in the late 1960s to early 1970s.

The Supreme Judicial Court of Maine affirmed the judgment of the Superior Court, granting Dombkowski title by adverse possession.

Summary by Gemini