Plaintiffs-appellees brought a declaratory judgment action against defendant-appellant in Essex Superior Court to determine the location of the north/south boundary between the lands of the parties. The parties agreed that the north/south boundary was what had been known as the “Old Pike Mill Road” and so the location of this road was the sole issue to ¡be determined. Both parties presented lay and expert witnesses as well as supporting documents in support of their respective claims. At the conclusion of the trial, the parties agreed to accept an oral decision. The trial court then orally found that the road was located as claimed by the plaintiffs, and a judgment order was issued. The defendant appeals claiming: that the trial court’s determination
V.R.C.P. 52 (a) requires a trial court to make findings of fact only when they are requested by a party either on the record or in writing. Here, not only did neither party request findings either before or after judgment, but they affirmatively on the record agreed to accept an oral notice of decision. Defendant has waived any rights to now ask for more extensive findings.
Schwartz
v.
Town of Norwich,
Findings of fact and conclusions of law are desirable because they are helpful in appellate review, but they are not always necessary for purposes of review.
Chittenden Trust Co.
v.
Maryanski,
Essentially, defendant’s argument goes only to the weight of the evidence presented below, which we have repeatedly held to be for the trier and not for us.
Schwartz, supra,
The defendant, although admitting that he did not object below to any of the exhibits offered or to the testimony of the plaintiffs’ expert as well as several lay witnesses, now claims that such evidence should have been objected to because there was no proper foundation or it was hearsay. Contentions not raised or fairly presented to the trial court are not preserved for appeal.
Sanville
v.
Williams,
Affirmed.
