Jarvis v. Gillespie

587 A.2d 981 (1991)

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Nature of the Case

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Facts

The Town of Waterville acquired title to a parcel of land in 1935 from the administrator of an estate of the then owner. In 1932, the owner had mortgaged the land to the Town in order to receive public assistance which the Town provided until his death. In 1947, P purchased 200 acres of land which surrounded the parcel on three sides. The fourth side of the parcel is bounded by a road. In 1986, by quitclaim deed, the town conveyed the disputed parcel to D. Shortly thereafter, D went to the property to remove no trespassing signs which P has posted on the property. P then replaced the signs and built a wooden fence on the property. P then filed a declaratory judgment action to establish ownership of the disputed parcel by way of adverse possession. D claimed that lands given to a public use were exempt from adverse possession claims. The court found that P had made visible use of the property from 1947 to 1986, maintained a fence, placed no trespassing signs, cut and planted trees on the land, built a loading ramp on the parcel for a logging operation and that P was the only person to make use of the property and that neither the town nor the public had made any use of the parcel between those times. The court found for P under adverse possession. D appealed.