Robert F. Almeder et al. v. Town of Kennebunkport et al.

Summary

The Maine Supreme Judicial Court reviews a judgment concerning title to portions of Goose Rocks Beach in Kennebunkport. The court considers the reliability of expert surveyor testimony, the interpretation of ancient deeds and historical records, and the meaning and location of a deed reference to a "seawall."

Holdings

1. The Superior Court did not clearly err in relying on the Town's surveyor as an expert because his qualifications, experience, methodology, and application of professional techniques supported the relevance and reliability of his testimony.
2. The Superior Court properly applied Maine principles of deed construction when it reviewed the historical title chains and concluded that the Beachfront Owners' deeds conveyed property only to the seawall rather than to the beach or low water mark.
3. A seawall is an elevated area of land or embankment landward of the beach that acts as a barrier to the sea, whether naturally occurring or manmade; it does not extend seaward beyond the high water mark.
4. The Beachfront Owners did not benefit from the Colonial Ordinance presumption that an upland oceanfront grant extends to the low water mark because their foundational deeds did not contain a call to the water or shore and instead bounded the property by the seawall or bank.
5. Under the unique historical circumstances of Cape Porpus, title to the disputed land seaward of the seawall passed to the Town of Kennebunkport when the proprietary holding the land in trust for the inhabitants dissolved, even though the Danforth Deed was not a direct conveyance to the Town in its corporate capacity.

Questions Presented

1. Whether the Superior Court clearly erred in admitting and relying on the Town's surveyor's expert testimony.
2. Whether the Beachfront Owners' ancient deeds and historical title chains conveyed title beyond the seawall to the beach or intertidal zone.
3. Whether the term "seawall" identifies a boundary landward of the beach and whether its location must be determined case by case from the deeds and physical features.
4. Whether the Colonial Ordinance presumption that upland oceanfront owners hold title to the low water mark applied to the Beachfront Owners' properties.
5. Whether the Town of Kennebunkport held title to the disputed land seaward of the seawall despite the absence of an express conveyance directly to the Town.

Disposition

affirmed