Greenmont Lumber Corp. v. Berger

574 A.2d 153, 154 Vt. 121, 1990 Vt. LEXIS 53
CourtSupreme Court of Vermont
DecidedMarch 16, 1990
DocketNo. 87-009
StatusPublished
Cited by4 cases

This text of 574 A.2d 153 (Greenmont Lumber Corp. v. Berger) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenmont Lumber Corp. v. Berger, 574 A.2d 153, 154 Vt. 121, 1990 Vt. LEXIS 53 (Vt. 1990).

Opinion

Allen, C.J.

Plaintiff appeals from a judgment of the Chittenden Superior Court declaring that defendants have ownership of a disputed parcel of land superior to that of plaintiff and ordering dismissal of plaintiff’s cause of action. We affirm.

[122]*122The dispute concerns certain parcels of remote and mountainous land on the north side of the Winooski River in Bolton, known as “river lots” and “mountain lots” which are north of, but not contiguous to, the river lots. Between the river and mountain lots is territory which, according to an 1800 survey on file in the Bolton land records, was land referred to as undivided. While not central to the disposition of the ease, a brief description of the relevant properties follows. The trial court found that plaintiff owns and has record title to a portion of the undivided land, bounded on the north by mountain lot 173 and on the south by river lots 8 and 9 “and on the west by an extension of the westerly line of lot 8.” The court also found that defendants own and have record title to river lots 5, 6, and 7, “including a portion of the undivided land.” River lot 7 is adjacent to and west of river lot 8, and its northeast corner touches the southwest corner of plaintiff’s property. River lot 6 is adjacent to and west of river lot 7. North of river lot 6, within the once-undivided land, is a lot called the “school lot,” and between the school lot and the westerly boundary of plaintiff’s property is another parcel formerly within the undivided land, called the “Lane lot.” The Lane lot is bordered on the north by mountain lot 172, which is contiguous to and west of mountain lot 173.

The subject of plaintiff’s action is that part of the originally undivided land located west of plaintiff’s property, south of the Lane lot, and north of the original northerly lines of lots 6 and 7, as depicted on the 1800 survey. The trial court’s central finding concerning plaintiff’s record title stated:

12. Based on the deeds in plaintiff’s chain of title, the court finds that the westerly boundary of plaintiff’s land is a line forming an extension of the westerly boundary of lot 8, running from the northwest corner of lot 8 northerly to the south boundary of lot 173.

In later findings, the court confirmed the same westerly boundary of plaintiff’s land “[b]ased on the monumentation on the ground, in the form of old fence lines, blazes on trees, and patterns of timber growth” and that the immediate predecessors to plaintiff in 1949 “acquiesced in their westerly boundary being an extension of the westerly boundary of lot 8.” Still later [123]*123findings addressed the boundary between the school lot and river lot 6 and the boundary between the Lane lot and river lot 7. The court found that “[although there was originally undivided land north of lots 6' and 7, this land has been absorbed into lots 6, 7, and the Lane lot, and there is presently no undivided or unclaimed land in that area.” The court also found that defendants had paid real estate taxes on the disputed land for at least 19 years, and that plaintiff had never paid taxes on the property. Plaintiff had blazed that portion of the disputed land north of lot 7 in 1976; the balance of the disputed land was never blazed.

The court concluded that plaintiff had no record title to the disputed land and could not prevail in a claim to a possessory right based solely on “[b]lazing trees in 1976 and filing a map in the Bolton Land Records in 1982.” The court entered judgment in favor of defendants “declaring they have ownership of the land in dispute superior to that of plaintiff.” The present appeal followed.

Plaintiff’s argument on appeal rests principally on the weakness of defendants’ claim, which was based on adverse possession or acquiescence, to the once-undivided property north of river lots 6 and 7.

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Bluebook (online)
574 A.2d 153, 154 Vt. 121, 1990 Vt. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenmont-lumber-corp-v-berger-vt-1990.