62 Me. 248 | Me. | 1873
This is an action of assumpsit to recover the rent of a strip of land three feet and two and a half inches wide in front, three feet eight inches in the rear, and fifty feet deep, with a segment of a building of the same dimensions standing on it, two stories high with no partition between this segment and the other portions of the building.
It seems that the plaintiff and one Morrill were adjacent owners; that a dispute as to boundaries arose between them; that the plaintiff brought a writ of entry in which he recovered the strip of land above described; that the defendant, who claims title under Morrill, commenced digging a cellar upon this strip; that the plaintiff notified him that the digging was upon his land; that the defendant refused to desist; that thereupon the plaintiff commenced the suit before referred to; that the defendant proceeded and erected his building while the suit was pending ; that after recovery of judgment the plaintiff commenced an action for mesne profits in which he was not successful, for the reasons stated in 57 Maine, 369; that after the opinion of the court in the first named suit
The defendant occupied the premises for the term specified and paid the stipulated rent. This action is for rent accruing since the expiration of the term.
' The tenant has remained in occupation of the building after the termination of the lease as he was before. He has given no notice to the plaintiff that he intended to terminate such occupation. He has not surrendered the premises nor has he been evicted by a paramount title. Remaining in possession as heretofore, his tenancy must be regarded as continuing and he is liable for rent. Longfellow v. Longfellow, 54 Maine, 240, and 61 Maine, 590; Towne v. Butterfield, 97 Mass., 105. The tenant is estopped to deny the title of his landlord.
The tenant objects to the payment of any rent for the portion of his store erected by him, and standing upon the plaintiff’s land. The defendant was seasonably notified of the plaintiff’s title. He refused to yield to the claim, well knowing its existence. He persisted, notwithstanding this notice, in proceeding to erect his store. He has acquired no rights by adverse possession, nor by permission of the plaintiff. The erection of the ^building under the circumstances, was a plain violation of the plaintiff’s rights, and the tenant must abide "the legal consequences of his tortious acts.
If one builds with his own materials on the land of another, without and against the consent of the latter, the house belongs to the owner of the soil; for in this case, the builder is presumed intentionally to have transferred his property in the materials to the owner of the soil. Broom’s Legal Maxims, 296. ■ Buildings
The tenant has no right to the building, as a fixture which is removable. He was a trespasser in its erection. He has no betterment rights. He has acknowledged the title of the plaintiff. He has neglected to remove the building in accordance with the license given him. It has become the property of the plaintiff, and its value must be considered in estimating the plaintiff’s rent.
The plaintiff having recovered judgment against Morrill, whose title the defendant has subsequently acquired, the latter can be in no better situation than his grantor. As Morrill would, by the judgment against him, be precluded from asserting any property in the building, so equally is his grantee. Dock v. Wiswell, 33 Maine, 355. . Judgment for the plaintiff.
Damages to be assessed at Nisi Prius.