Legal Question in Real Estate Law in Maine

Re: fence dispute

Funny how these disputes always appear to involve waterfront property! First, both you and your neighbor need to determine whose land the fence is on, and where the official property boundaries are. The best approach is to have an experienced real estate lawyer run the title, then hire a reputable surveyor to determine the official property boundaries.

Usually, when a title search and survey is necessary to settle a boundary dispute between neighbors, they will agree to split the cost; each of them wants and NEEDS to know. Ignoring the issue will only invite real problems down the line, such as when one of you wants to sell the property. This needs to be settled, and no matter who is right, you both have an equal interest in knowing.

Now, if the fence is truly on the neighbors property, you still might be considered the rightful, legal owner; and you have presented the classic law school "adverse possession" issue. Adverse possession states that if someone who doesn't own the land (e.g., the one who has occupied someone else's land; here, your family with the fence) continuously occupies that land "open and notoriously," (in an obvious, not hidden way) without objection by the rightful owner, for a certain number of years, the property becomes owned by the adverse possessor. State laws have different time periods of continuous, unobjected to occupation necessary to establish adverse possession. The various lengths of time range (approximately) from 7-20 years.

If the fence was on the neighbor's land, continuously and uninterrupted, with no objection by the rightful owner, for more than the statutory period in the state involved, you would have a claim to the land in adverse possession.

Re: fence dispute

Old deeds often have ambiguous descriptions. It is not uncommon for there to be disputes about boundaries along waterfront, especially by a a "new" neighbor as you seem to have in this case.

If your neighbor has had his deed reviewed by a lawyer or had a survey you are entitled to get the professional opinion as to what your neighbor's rights are. If, as I suspect, the neighbor has not hired anyone but is making his own determination, then you should get a copy of the survey your father had performed (it may be recorded in the County registry or you should be able to get it from the surveying company) and show your neighbor. If there is still no agreement or you cannot find the old survey, then you will have to hire a surveyor or file a civil suit to protect your rights. It may be $3000 for a survey and more for legal fees but the dispute will not go away on its own. I would also mention that if your neighbor has pulled out the survey markers then he is in violation of a Maine law and could be ordered to pay your atty fees and new survey costs if you win your lawsuit.