Gay v. Dube
39 A.3d 52
Me.2012Background
- The Trust seeks title by deed or adverse possession to a triangular parcel (the triangle) abutting Steele Road in Dayton and a fee interest in the road; the Dubes and Whitneys claim deed title to the triangle and a fee interest in the road.
- Steele Road, formerly Smith Road, is claimed by the Trust to be a non-public road that should have been abandoned; the Dubes and Whitneys dispute abandonment.
- The triangle traces to a 1925 deed from an heir of William Whittier, but there is a missing deed from Joseph Whittier to William, casting doubt on the triangle’s chain of title.
- The Dubes and Whitneys obtained quitclaim deeds to the triangle from Joseph’s heirs in 2009 and built homes accessing Steele Road in 2005–2006.
- Steele Road had historically been used by abutting property owners and others with permission, and the Town minimally maintained it.
- The trial court held Steele Road to be a public town way not abandoned, and found Dubes/Whitneys hold record title to the triangle while the Trust possessed it via adverse possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Status of Steele Road as public town way or private road | Trust: Steele Road is a town way and not abandoned. | Dube/Whitney: road status not a town way; abandonment may apply. | Steele Road is a town way and not abandoned. |
| Ownership of the triangle | Trust acquired the triangle by adverse possession. | Dubes/Whitneys hold title by deed in a valid chain of title. | Trust owns the triangle by adverse possession. |
| Whether to allow amendment for slander of title | Amendment necessary to prevent injustice. | No clear abuse of discretion; amendment unnecessary. | No reversible error; amendment not granted. |
| Mootness of the easement claim | Public easement status affects mootness analysis. | Public town way preserves access; private easement claim moot. | Easement claim moot; no practical consequences if Steele Road remains a town way. |
Key Cases Cited
- Peters v. O'Leary, 2011 ME 106 (Me. 2011) (review of factual findings and de novo legal application)
- Wardens of Christ's Church v. Woodward, 26 Me. 172 (Me. 1846) (town lay-out classification by town selectmen is decisive)
- Inhabitants of Orrington v. Cnty. Comm'rs, 51 Me. 570 (Me. 1863) (historical context on municipal authority and procedures)
- Shadan v. Town of Skowhegan, 1997 ME 187 (Me. 1997) (abandonment by public use presumptions; twenty-year nonuse concept)
- Weeks v. Krysa, 2008 ME 120 (Me. 2008) (evidence sufficiency for adverse possession and possessory claims)
- Stowell v. Swift, 576 A.2d 204 (Me. 1990) (guidance on adverse possession and title disputes)
- Mercier v. Allen, 445 A.2d 1011 (Me. 1982) (statutory and common-law interplay in property claims)
- City of Rockland v. Johnson, 267 A.2d 382 (Me. 1970) (public easements and road rights following discontinuance)
- Brown v. Warchalowski, 471 A.2d 1026 (Me. 1984) (considerations on public access and municipal rights)
- Fournier v. Elliott, 2009 ME 25 (Me. 2009) (abandonment and public road status considerations)