Weinstein v. Hurlbert, 2012 ME 84

Hurlbert holds record title to Cliff Street property; Cliff Street forms the eastern boundary of Weinstein's property, which lies within the L formed by Beach and Cliff Streets.
Weinstein acquired the adjacent property in 2004 and began summer occupancy in 2005 after rebuilding the house.
Coateses, predecessors in interest to Weinstein, owned the Weinstein property since 1984 and maintained Cliff Street by mowing and gardening, including rosa rugosa plantings along the seaward edge.
Weinstein and his predecessors maintained the Cliff Street property with mowing, pruning, and upkeep; a building materials storage occurred during construction, and a boundary stake/notice was removed by Weinstein.
From 1984 to 2008 only the Coateses and the Weinsteins maintained Cliff Street; after Hurlbert acquired title in 2008, he began mowing the area in 2009; community use generally declined after the mid-1980s.
The trial court concluded Weinstein had used the property for at least twenty years in a manner satisfying adverse possession criteria, which the court treated as dispositive, but the appellate court later vacated that judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Weinstein satisfied adverse possession elements	Weinstein: hostile, notorious, and open use over 20 years	Hurlbert: use was not hostile or notorious	Judgment vacated; remanded for new judgment

Weeks v. Krysa, 955 A.2d 234 (2008 ME 120) (adverse possession analysis requires more than casual use; open and continuous use is required)
Dowley v. Morency, 737 A.2d 1061 (1999 ME 137) (mere mowing is insufficient to establish a line of occupation)
Striefel v. Charles-Keyt-Leaman P'ship, 733 A.2d 984 (1999 ME 111) (land acquisition by adverse possession disfavored; requires clear dangerous threshold of hostility/notoriety)
Weeks v. Krysa, 955 A.2d 234 (2008 ME 120) (open lands tradition considerations in use of vacant land)