Long Simmering Boundary Dispute Resolved in Favor of Eaton Peabody Client

May 29, 2008

May 29, 2008 – In 1992, two neighbors on the island of Vinalhaven realized they had differing understandings as to the location of the boundary between their waterfront parcels.  They “agreed to disagree.”  When one of these neighbors sold her property, her buyer decided to sue the person who had  owned the abutting property for many years.  On behalf of the Defendant, one of Eaton Peabody’s real estate litigators, Judy Metcalf, tried the boundary dispute for four days in the Knox County Superior Court.  After receiving the testimony of three surveyors and many witnesses who had lived on the island all their lives, the Court agreed with the Defendant’s understanding of the location of the boundary. Metcalf’s careful preparation of the exhibits and her substantial knowledge of the principles which govern the law of boundary disputes and the interpretation of deeds helped her client prove what he had long
understood.  The case rested on understanding and determining the intention of the persons who had originally created the description of the parcels in dispute in deeds dated 1820.  Approaching the evidence found on the face of the earth and in the registry of deeds like a detective would, Metcalf was able to show that the logical conclusion drawn from these facts supported her client’s claimed boundary. On appeal by the Plaintiff, the Law Court in a memorandum decision agreed with both Metcalf and the Knox County Superior Court when it held that “contrary to the contentions of the [Plaintiffs], the Superior Court thoroughly analyzed the issues surrounding this boundary dispute, and it neither erred in its legal conclusion of what constituted the boundary line, nor in its factual finding as to where that boundary line was on the
face of the earth.” 

About Eaton Peabody 
Founded in 1939, Eaton Peabody is a community-based law firm with more than 40 attorneys serving New England and Atlantic Canada from offices in Augusta, Bangor, Brunswick, and Ellsworth. The firm offers broad legal expertise through a variety of focused practice groups lead by attorneys listed in The Best Lawyers in America and favorably rated by clients in Chambers USA.