Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

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. ...

Register or login to access full content



Professors
Professionals
Students