Striefel v. Charles-Keyt-Leaman Pshp. - 1999 ME 111, 733 A.2d 984

Rule:

A party claiming title by adverse possession pursuant to the common law must prove by a preponderance of the evidence that its possession and use of the property were: (1) actual; (2) open; (3) visible; (4) notorious; (5) hostile; (6) under a claim of right; (7) continuous; (8) exclusive; and (9) of a duration exceeding the twenty-year limitations period. Whether specific acts are sufficient to establish the elements of adverse possession can only be resolved in light of the nature of the land, the uses to which it can be put, its surroundings, and various other circumstances.

Facts:

The dispute in issue pertains to a portion of an approximately twenty-foot-wide strip of land in Bar Harbor. Joseph H. Striefel filed a declaratory judgment action against Donna Brignull, Donald W. MacLeod III, and Martha M. Sikkema (collectively. "the MacLeods"), seeking a declaration that he owned title to the land in question in fee simple absolute. The MacLeods claimed title by adverse possession to the portion of the land extending westward from the border of their deeded property line to a wire fence embedded in a tree line ("the parcel"). The trial court concluded that the MacLeod satisfied their burden of establishing title to the parcel by adverse possession. Striefel appealed and contended that: (1) the trial court applied the wrong standard of proof; and (2) the evidence was insufficient to establish the elements of adverse possession. 

Issue:

Was the evidence sufficient to establish the elements of adverse possession?

Answer:

Yes.

Conclusion:

The appellate court affirmed concluding that the record contained sufficient credible evidence to support the trial court's conclusion that the MacLeods’ possession and use of the parcel met all of the elements of adverse possession. The court found that the MacLeods’ possession and use of the land were actual, open, visible, notorious, hostile, under a claim of right, continuous, and exclusive for a period of at least 20 years.