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Grondin v. Hanscom

Supreme Judicial Court of Maine

December 23, 2014

CHRISTOPHER GRONDIN et al.
v.
SUSAN R. HANSCOM

Argued: November 6, 2014.

Page 1151

Judgment affirmed.

On the briefs: Richard L. Currier, Esq., and Jon P. Plourde, Esq., Currier & Trask, P.A., Presque Isle, for appellant Susan R. Hanscom.

Edmond J. Bearor, Esq., and Brent A. Singer, Esq., Rudman Winchell, Bangor, for appellees Christopher Grondin and Diana Grondin.

At oral argument: Jon P. Plourde, Esq., for appellant Susan R. Hanscom.

Edmond J. Bearor, Esq., for appellees Christopher Grondin and Diana Grondin.

Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 1152

JABAR, J.

[¶1] Susan R. Hanscom appeals from the Superior Court's (Aroostook County, Hunter, J.) declaratory judgment establishing her property boundaries and those of Christopher and Diana Grondin. Hanscom contends that the court erred in (1) declaring that the properties' boundaries are as indicated on a survey by Charles Marchese, (2) finding that she had not gained title by acquiescence, and (3) finding only partially in her favor on her claim of adverse possession. Finding no error, we affirm the court's judgment.

I. FACTS

[¶2] After an evidentiary hearing, the court found the following facts, which are supported by the record. Hanscom's and the Grondins' properties previously constituted a single parcel owned by Harriet Decker (the " Decker Lot," depicted in the diagram below as rectangle ADEG). In 1962, Decker conveyed to Quentin and Ruth Haney a 100-foot-wide parcel (the " Haney Lot" ) on the eastern side of the Decker Lot. The property was described as follows:

Beginning at an iron pipe driven in the ground at the southeasterly corner of [the Decker Lot] . . . thence northerly along grantor's easterly line [309.6 feet] to a point of intersection of the southerly line of Bliss Deering and the easterly line of said grantor; thence westerly along the said Deering south line [112 feet] to a point marked by an iron pipe driven in the ground; thence southerly bearing south 25 degrees west . . . and parallel to the east line[1] [354 feet] to an iron pipe driven in the ground near ...

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