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5 Maine opinions name it 2 courts 1983–2011 0 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Crosby v. Baizleygreen2 sentences2008Anchorage Realty Trust v. Donovan, 2004 ME 137, ¶¶ 11-12 , 880 A.2d 1110, 1112 ; Crosby v. Baizley, 642 A.2d 150, 153-54 (Me.1994). [¶ 8] Evidence is “clear and convincing” when it places in the ultimate fact finder an “abiding conviction” that it is “highly probable” that the factual contentions of the party with the burden of proof are true. 1999See Crosby v. Baizley, 642 A.2d 150, 153-54 (Me.1994). | 2 | 2 |
Calthorpe v. Abrahamsongreen2 sentences2006There is no record evidence to support that the parties deliberately and collectively erected a monument or fence, or made improvements on a line, albeit the wrong line, between their lands Turning to doctrine of acquiescence, Maine courts have applied this doctrine to cases concerned with "the alleged existence and/or enforceability of an express agreement to establish a boundary in a particular location which is not in accord with the deed." Cnltllorpe 1, 441 A.2d at 289 (collecting cases); See, e.g., Milliken TI. 1983Calthorpe v. Abrahamson, 441 A.2d 284, 289 (Me.1982). 9 .The requirements for the creation of a prescriptive easement are similar to the elements required in adverse possession: “A prescriptive easement is created only by a continuous use for at least twenty years under a claim of right adverse to the owner, with his knowledge and acquiescence, or by a use so open, notorious, visible and uninterrupted that knowledge and acquiescence will be presumed.” Comber v. Inhabitants of the Plantation of Dennistown, 398 A.2d 376, 378 (Me.1979) (quoting Dartnell v. Bidweli, 115 Me. 227, 230 , 98 A. 743, 7 | 2 | 2 |
Dartnell v. Bidwellgreen2 sentences1983Calthorpe v. Abrahamson, 441 A.2d 284, 289 (Me.1982). 9 .The requirements for the creation of a prescriptive easement are similar to the elements required in adverse possession: “A prescriptive easement is created only by a continuous use for at least twenty years under a claim of right adverse to the owner, with his knowledge and acquiescence, or by a use so open, notorious, visible and uninterrupted that knowledge and acquiescence will be presumed.” Comber v. Inhabitants of the Plantation of Dennistown, 398 A.2d 376, 378 (Me.1979) (quoting Dartnell v. Bidweli, 115 Me. 227, 230 , 98 A. 743, 7 1983Calthorpe v. Abrahamson, 441 A.2d 284, 289 (Me.1982). 9 .The requirements for the creation of a prescriptive easement are similar to the elements required in adverse possession: “A prescriptive easement is created only by a continuous use for at least twenty years under a claim of right adverse to the owner, with his knowledge and acquiescence, or by a use so open, notorious, visible and uninterrupted that knowledge and acquiescence will be presumed.” Comber v. Inhabitants of the Plantation of Dennistown, 398 A.2d 376, 378 (Me.1979) (quoting Dartnell v. Bidweli, 115 Me. 227, 230 , 98 A. 743, 7 | 1 | 1 |
Comber v. Inhabitants of Plantation of Dennistowngreen1 sentence1983Calthorpe v. Abrahamson, 441 A.2d 284, 289 (Me.1982). 9 .The requirements for the creation of a prescriptive easement are similar to the elements required in adverse possession: “A prescriptive easement is created only by a continuous use for at least twenty years under a claim of right adverse to the owner, with his knowledge and acquiescence, or by a use so open, notorious, visible and uninterrupted that knowledge and acquiescence will be presumed.” Comber v. Inhabitants of the Plantation of Dennistown, 398 A.2d 376, 378 (Me.1979) (quoting Dartnell v. Bidweli, 115 Me. 227, 230 , 98 A. 743, 7 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hamlin v. Niedner
green
2 sentences2011To prove that a boundary line has been established by acquiescence, Dupuis had to show by clear and convincing evidence: (1) "possession up to a visible line marked clearly by monuments, fences or the like”; (2) "actual or constructive notice of the possession to the adjoining landowner”; (3) "conduct by the adjoining landowner from which recognition and acquiescence, not induced by fraud or mistake, may be fairly inferred”; and (4) "acquiescence for a long period of years, such that the policy behind the doctrine of acquiescence ... is well served by recognizing the boundary.” Hamlin v. Niedn 2011To prove that a boundary line has been established by acquiescence, Dupuis had to show by clear and convincing evidence: (1) "possession up to a visible line marked clearly by monuments, fences or the like”; (2) "actual or constructive notice of the possession to the adjoining landowner”; (3) "conduct by the adjoining landowner from which recognition and acquiescence, not induced by fraud or mistake, may be fairly inferred”; and (4) "acquiescence for a long period of years, such that the policy behind the doctrine of acquiescence ... is well served by recognizing the boundary.” Hamlin v. Niedn | 1 | 2011–2011 |
Anchorage Realty Trust v. Donovan
green
2 sentences2008Anchorage Realty Trust v. Donovan, 2004 ME 137, ¶¶ 11-12 , 880 A.2d 1110, 1112 ; Crosby v. Baizley, 642 A.2d 150, 153-54 (Me.1994). [¶ 8] Evidence is “clear and convincing” when it places in the ultimate fact finder an “abiding conviction” that it is “highly probable” that the factual contentions of the party with the burden of proof are true. 2008Anchorage Realty Trust v. Donovan, 2004 ME 137, ¶¶ 11-12 , 880 A.2d 1110, 1112 ; Crosby v. Baizley, 642 A.2d 150, 153-54 (Me.1994). [¶ 8] Evidence is “clear and convincing” when it places in the ultimate fact finder an “abiding conviction” that it is “highly probable” that the factual contentions of the party with the burden of proof are true. | 1 | 2008–2008 |
Bemis v. Bradley
green
2 sentences2006Btrswell, Me., 313 A.2d 111 (1973); Bemis v. B~rulltry, 126 Me. 462 , 139 A. 593 (1927); Frr~lglrt v. Hol~ucry, 550 Me. 24 (1861); Moody 77. 2006Btrswell, Me., 313 A.2d 111 (1973); Bemis v. B~rulltry, 126 Me. 462 , 139 A. 593 (1927); Frr~lglrt v. Hol~ucry, 550 Me. 24 (1861); Moody 77. | 1 | 2006–2006 |
Milliken v. Buswell
green
1 sentence2006Btrswell, Me., 313 A.2d 111 (1973); Bemis v. B~rulltry, 126 Me. 462 , 139 A. 593 (1927); Frr~lglrt v. Hol~ucry, 550 Me. 24 (1861); Moody 77. | 1 | 2006–2006 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.