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Engelhardt v. Ross

Superior Court of Maine, Penobscot

January 5, 2018

Robert G. Engelhardt Sr. and Simone A. Engelhardt, Plaintiffs,
v.
Hugh Arnold Ross and Georgia M. Ross, Defendants.

          ROBERT ENGELHARDT - PLAINTIFF Attorney for: ROBERT ENGELHARDT BARRY MILLS RETAINED 05/13/2016

          SIMONE ENGELHARDT - PLAINTIFF Attorney for: SIMONE ENGELHARDT BARRY MILLS RETAINED 05/13/2016

          HUGH AKA ARNOLD ROSS - DEFENDANT Attorney for: HUGH AKA ARNOLD ROSS KIRK D BLOOMER RETAINED

          Attorney for: HUGH AKA ARNOLD ROSS PAUL F DRISCOLL RETAINED NORMAN HANSON & DETROY LLC

          Attorney for: HUGH AKA ARNOLD ROSS MICHAEL DEVINE - RETAINED NORMAN HANSON & DETROY LLC TWO CANAL PLAZA

          Attorney for: HUGH AKA ARNOLD ROSS MARK A RUCCI - RETAINED 11/04/2016

          GEORGIA ROSS - DEFENDANT Attorney for: GEORGIA ROSS KIRK D BLOOMER - RETAINED

          Attorney for: GEORGIA ROSS PAUL F DRISCOLL - RETAINED NORMAN HANSON & DETROY LLC

          Attorney for: GEORGIA ROSS MICHAEL DEVINE - RETAINED NORMAN HANSON & DETROY LLC

          Attorney for: GEORGIA ROSS MARK A RUCCI - RETAINED 11/04/2016

          OPINION AND JUDGMENT

          Hon. Bruce C. Mallonee Justice

         Introduction

         This case presents a dispute over a lakeside right of way. Trial was held on August 21 and 22, 2017, at which Plaintiffs were represented by Attorneys Barry Mills and Zachary McNally, and Defendants by Attorney Michael Devine. Post-trial arguments have been submitted and the matter is in order for decision. The court thanks counsel for thorough and organized presentations both at trial and in their arguments.

         Factual Review and Analysis

         The parties own adjacent lots with cottages on the north shore of a pond in Plymouth, Maine, referred to in Plaintiffs' deed as "Gray Pond" and in Defendants' deed as "Round Pond, also known as Gray Pond." Both lots were originally held by a man named Angus Dow and members of his family. Each was conveyed several times over the course of years, with title eventually vesting in the parties.

         Defendants' property is the westerly of the parties' lots. The sequence of transfers by which it vested in them is as follows:

• Warranty deed from Angus Dow to Roger Dow, dated 2/24/1981 and recorded in the Penobscot County Registry of Deeds at Book 3161, Page 46 (PI. Ex. 10);
• Warranty deed from Roger Dow to Lewis Dow, 11/4/1991, recorded at B. 4940, P. 25 (PI. Ex. 11);
• Warranty deed from Lewis Dow to Robert A. Dow, dated 9 / 8 /1997, recorded at B. 6532, P. 218 (PL Ex. 12);
• Municipal Quitclaim deed from the Inhabitants of the Municipality of Plymouth to Robert A. Dow, dated 9/11/2002, ...

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