McGeechan v. Sherwood

2000 ME 188, 760 A.2d 1068, 2000 Me. LEXIS 195
CourtSupreme Judicial Court of Maine
DecidedOctober 30, 2000
StatusPublished
Cited by33 cases

This text of 2000 ME 188 (McGeechan v. Sherwood) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGeechan v. Sherwood, 2000 ME 188, 760 A.2d 1068, 2000 Me. LEXIS 195 (Me. 2000).

Opinions

CLIFFORD, J.

[¶ 1] Mary H. Sherwood appeals from a judgment entered in the Superior Court (Penobscot County, Mead, J.) that declares the boundary between two properties located in Hampden, one parcel owned by Sherwood, the other by Raymond and Carolyn McGeechan. Sherwood contends that the trial court improperly decided for the McGeechans on declaratory judgment and quiet title claims by (1) failing to properly apply the standard rules of construction for the location of the boundary lines, and (2) incorrectly concluding that the McGeechans owned the area of land known as the Paper Mill Road. Sherwood also contends that the court erred in finding that the McGeechans’ parcel is benefitted by an easement over Sherwood’s property. In a cross-appeal, the McGeechans contend that the trial court (Marden, J.) erred in granting a summary judgment in favor of Sherwood and co-defendant Bangor Real Estate on their claim of intentional interference with an economic relationship arising out of Sherwood’s purchase of part of her land from the Ellis family.

[¶2] We agree with the McGeechans that the trial court properly identified and declared the point at which the east-west boundary between the two properties begins, and we affirm the court’s location of the east-west boundary line that runs from the “point of beginning” to the northern terminus of the boundary between the two properties. We also affirm the trial court’s conclusion that the McGeechans’ land is benefitted by an easement across what is identified as the Old Grist Mill Road and the Paper Mill Road.1 We agree with Sherwood, however, that the court erroneously concluded (1) that the Paper Mill Road, which lies along the parties’ shared north-south boundary, is in the McGeechans’ chain of title,2 and (2) that Sherwood’s title does not include the Paper Mill Road.

[¶ 3] On the McGeechans’ cross-appeal, we vacate the summary judgment entered against the McGeechans on their claim of [1072]*1072intentional interference with an economic relationship because there exist genuine issues of material fact that must be resolved by a factfinder.

I. BACKGROUND

[¶ 4] In the 1800s, a road formed the entire southern and western boundary of what is now the Sherwood parcel, located north and east of property owned by the McGeeehans.3 The road was single and continuous, but was identified by different names, most commonly the Old Grist Mill Road and the Paper Mill Road.4

[¶ 5] The parties have established the location of the segment of the road as it runs west along the southern boundary of the Sherwood parcel, forming the parties’ shared north-south boundary, frequently referred to in this litigation as the Paper Mill Road. There is disagreement, however, as to who owns that segment of the old roadway, both parties claiming that the Paper Mill Road is in their chain of title.5

[¶ 6] The parties also agree on the northern terminus of the road. They disagree, however, as to where that road turns from the southern boundary of the Sherwood parcel and heads north, that point being the disputed “point of beginning” located by the trial court. They also disagree on the precise path the road, generally referred to as the Old Grist Mill Road, travels as it runs northerly from the point of beginning to reach the agreed upon northern terminus. That line represents their shared east-west boundary.

[¶ 7] Finally, although the parties agree that Sherwood retains title to the part of the road known as the Old Grist Mill Road, which runs along the parties’ shared east-west boundary, the McGeeehans also claim the benefit of an easement in that road. The McGeeehans alternatively assert, in the event they are not determined to be the owners of the Paper Mill Road, that their property benefits from a deed easement in the Paper Mill Road. With this general background in mind, we now turn to the events which gave rise to this appeal.

[¶ 8] The McGeeehans purchased a twenty-five-acre parcel of land in Hamp-den in 1981. In July of 1995, they learned that an adjacent four acre parcel was being sold by the Ellis family and that David Caliendo of Bangor Real Estate was the listing agent. They contacted Caliendo and informed him of their interest in the property.

[¶ 9] Raymond McGeechan obtained a seller’s disclosure for the Ellis property from Sherwood, a real estate broker with Bangor Real Estate, and Sherwood listed McGeechan on the prospect sheet for the property,6 Sherwood did not inform McGeechan that she, too, was interested in the property. Sherwood informed Calien-do of her interest in the property and arranged to view the property at the same time as the McGeeehans. Neither Calien-do nor Sherwood disclosed to the McGee-ehans that Sherwood was a potential purchaser.

[1073]*1073[¶ 10] The McGeechans allege that Sherwood remained within hearing distance while they viewed the property. After touring the property, Raymond McGee-chan asked Caliendo if there were any other offers on the property and Caliendo responded in the negative. McGeechan openly discussed with Caliendo the terms of their proposed offer of $30,000, and Caliendo stated that he thought the offer would be acceptable to the seller. McGee-chan also informed Caliendo that the offer was intended to start a dialogue to negotiate with the Ellis family regarding the terms of the purchase. The McGeechans submitted a signed offer that Sherwood also signed as a witness.7

[¶ 11] One day after the McGeechans signed their offer, Sherwood prepared her own offer of $35,000. Caliendo did not inform the McGeechans of Sherwood’s offer, nor did Caliendo inform Mr. Ellis that the McGeechans were prepared to pay more than $30,000 for the property. Cal-iendo submitted the $30,000 McGeechan offer and the $35,000 Sherwood offer to Ellis, and Ellis accepted Sherwood’s offer.

[¶ 12] Subsequent to Sherwood’s purchase of the Ellis property, a survey of the property conducted for Sherwood by Richard Day, a licensed professional land surveyor, concluded that the McGeechans’ driveway and utility pole encroached on the Sherwood parcel. Sherwood sent a letter to the McGeechans informing them of the encroachments and giving them permission to continue to use the property for those purposes only.

[¶ 13] Believing that the driveway and utility pole were on their own property, the McGeechans hired Michael Avery, also a licensed professional land surveyor, to survey their property. Avery concluded that the McGeechans owned their driveway and the utility pole. He also concluded that Day’s survey had inaccurately located the western boundary of the Sherwood parcel and had ignored the fact that title to that part of the road identified as the Paper Mill Road was held by the McGeechans.8

[¶ 14] The McGeechans filed a complaint in the Superior Court for a declaratory judgment to define the boundary between the two properties. The complaint included a claim for trespass9 and to quiet title to the property. The McGeechans also alleged that Sherwood and co-defendant Bangor Real Estate intentionally interfered with the McGeechans’ economic advantage and relationship with the Ellis family in their attempt to purchase the Ellis property.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 ME 188, 760 A.2d 1068, 2000 Me. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgeechan-v-sherwood-me-2000.