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Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6851 (2026)

Court may appoint and protect surveyors

✓ current as of May 2026

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The court may appoint a surveyor to run lines and make plans of lands demanded in a real or mixed action, or in an action in which the title to land is involved, as shown by the pleadings filed, on motion of either party. If he is prevented by force, menaces or fear from performing the duties assigned him, the court may issue a warrant to the sheriff, commanding him with suitable aid to prevent such opposition. In the execution of such warrant, he may exercise all the power pertaining to his office. All persons refusing their aid when called for by him are liable to the same penalties as in like cases.

Notes of Decisions

Cited in 3 cases, 1975–1985 · leading case: Auburn Harpswell Ass'n v. Day, 438 A.2d 234 (Me. 1981).

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Auburn Harpswell Ass'n v. Day, 438 A.2d 234 (Me. 1981). · cites it 2× “The court below, on agreement of both parties, ordered that a survey and plan of the disputed parcels be made in accordance with its final judgment under the authority of 14 M.R.S.A. § 6851. 3 The fee charged for this survey was $1,000.”

Boynton v. Adams, 331 A.2d 370 (Me. 1975). “We hold that the appointment of a surveyor pursuant to 14 M.R.S.A. § 6851 is discretionary and that in the context of the instant case no abuse of discretion was shown.”

Aalberg v. Stevens, 489 A.2d 1 (Me. 1985). “Finally, the plaintiff asserts the referee erred in failing to order at the plaintiff’s expense a survey of the roadway pursuant to 14 M.R.S.A. § 6851 (1980). The statute provides in part: “The court may appoint a surveyor to run lines and make plans of lands demanded in a real…”

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