This thread continues my thread on a 60 year old blaze line in an area of statutory "Wildland". In summary, I found a blaze line I estimate is at least 60 years old which bends like a bow into my client's property for a distance of 131 feet at the center. The line has been assumed to be the boundary by all parties although no one realized that the line bowed so much compared to the two apparent lot and range corner posts. In Maine, AP can be by mistake (the disseizor need not know that he is claiming something he doesn't have title to).
Some responders to the initial thread stated they did not believe that the requirements for Adverse Possession were satisfied because there was no fence along the blaze line.
I did some research on the subject and came up with this Statute:
http://www.mainelegislature.org/legis/statutes/14/title14sec810.html
§810. Type of possession; need for enclosure
To constitute a disseizin, or such exclusive and adverse possession of lands as to bar or limit the right of the true owner thereof to recover them, such lands need not be surrounded with fences or rendered inaccessible by water; but it is sufficient, if the possession, occupation and improvement are open, notorious and comporting with the ordinary management of a farm; although that part of the same, which composes the woodland belonging to such farm and used therewith as a woodlot, is not so enclosed.
The way I read this statute is that for woodland (wildlands), proof of possession is much less stringent and that mere use, such as timber harvesting is enough, if it can be proved, to show adverse possession. It seems to me that very well painted and very well blazed trees goes well beyond the requirements to show possession and adverse use.
This is Maine law, but don’t be surprised if your state has a similar law.
Maybe this is a cop-out; but my old boss and mentor used to say, "Surveyors are fact-finders, just report the facts".
Is it possible to simply make a plat showing the situation and let the courts decide?
> Maybe this is a cop-out; but my old boss and mentor used to say, "Surveyors are fact-finders, just report the facts".
>
> Is it possible to simply make a plat showing the situation and let the courts decide?
Perry
That is what I usually do, but in this case I am going to have to set a pin in the middle of my client's-paper Company's line; if I set it on the "true line", subject to litigation, it just may be a complete waste of my client's money and put him in trouble with the individual he is selling the lot to. He has contracted to sell off a twenty acre parcel-not a twenty acre parcel where part of the twenty acres is in dispute.
One thing for sure is that I will protect myself from being dragged into any future litigation.
Texas
has a case that deals with this and bending the senior line in the footsteps of the original surveyor. No adverse possession, but following the footsteps.
When you can hook in on an old hack and blazed line, I have no problem monumenting that SOB wherever necessary to make the property line within the confines of the hack and blazed line.
