Legal Question in Real Estate Law in Maine

boundary agreement

Maine. A neighbor had a lawyer draw up a boundary agreement with father. Neighbor orally stated, and still states, that agreement gave father 10 feet of land on 1 side in exchange for 10 feet on another side. Had parents sign when they were preparing to leave for the day. He then took and had it notarized in the attorneys office. Signatures were not witnessed by notary. Mother was owner of land at time. Father has died and it has been discovered that neighbor took 73 feet on line he was suppose to give 10 ft. and took 10 feet on other side as agreed. Mother did sign as a witness. She did not understand that agreement was taking away a significant amount of land. I now own land. Parents and myself have continued to pay taxes on all property as stated in the deed prior to agreement. The land is now being surveyed. Is the agreement legal? What should be addressed if this is taken to court?


Asked on 3/25/08, 11:02 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: boundary agreement

If the neighbor is still willing to recognise the 10 foot line, then the 73 feet is a mistake and it can be corrected by agreement, but you would need to hire a lawyer to ensure it is corrected to your benefit. As to going to Court, who would file the legal action? You? If so, then yes, it sounds like you have good grounds for a quiet title action to force a change to the 10 foot line, but obviously I cannot really predict the outcome of litigation based on an email. Such a Court action will cost thousands of dollars to both legal and surveyor costs (as expert witness).

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Answered on 3/26/08, 8:37 am


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