Christopher Grondin v. Susan R. Hanscom

Summary

The Maine Supreme Judicial Court affirmed a declaratory judgment establishing the boundary between property owned by Susan R. Hanscom and property owned by Christopher and Diana Grondin. The court upheld the use of the Marchese survey, rejected Hanscom’s claim of title by acquiescence, and affirmed adverse-possession title only for the area occupied by her garage and driveway.

Holdings

1. The Superior Court did not clearly err in accepting the Marchese survey and declaring the boundary according to the Decker Lot's eastern border.
2. Hanscom did not establish title by acquiescence because she failed to prove by clear and convincing evidence possession of the disputed property up to a clearly visible line marked by monuments, fences, or similar features.
3. Hanscom established adverse possession only as to the land occupied by her garage and driveway, not the remainder of the disputed area.

Questions Presented

1. Whether the Superior Court clearly erred by accepting the Marchese survey and declaring the properties' boundaries according to the original Decker Lot's eastern boundary.
2. Whether Hanscom established title to the disputed area by acquiescence.
3. Whether Hanscom established title by adverse possession to more than the footprint of her garage and driveway.

Disposition

affirmed