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The Maine Doctrine represents the minority view of the claim of right under a boundary dispute. If the possessor is mistaken about the boundary and would not have occupied the land if he had known of the mistake, the possessor has no intention to claim title and thus adversity is missing.

The principle that possession as an element of title by adverse possession cannot be bottomed on mistake, is found in Folkman v. Myers, 93 N.J. Eq. 208 (E. & A. 1921), which embraced and followed that thesis as expressed in Myers v. Folkman, 89 N.J.L. 390 (Sup. Ct. 1916). In Preble v. Main Cent. R. Co., 85 Me. 260, 27 A. 149, 21 L.R.A. 829 (Sup. Jud. Ct. Me. 1893) this concept become known as the Maine doctrine. In Preble, the court said at 27 A., at p. 150: 'There is every presumption that the occupancy is in subordination to the true title, and, if the possession is claimed to be adverse, the act of the wrongdoer must be strictly construed, and the character of the possession clearly shown. Roberts v. Richards, 84 Me. 1, 24 A. 425, and authorities cited. ...

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