Rhoda v. Fitzpatrick, 7167

• Decision Date: 08 March 1995
• Docket Number: Docket No. ARO-94-317,No. 7167,7167
• Citation: 655 A.2d 357
• Parties: Richard L. RHODA v. Albert FITZPATRICK, et al. DecisionLaw
• Court: Maine Supreme Court

Page 357

655 A.2d 357

Richard L. RHODA v. Albert FITZPATRICK, et al.

Decision No. 7167.

Law Docket No. ARO-94-317.

Supreme Judicial Court of Maine.

Submitted on Briefs Jan. 27, 1995.

Decided March 8, 1995.

Richard Rhoda, Houlton, for plaintiff.

Robert F. Ward, Houlton, for defendants.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA and LIPEZ, JJ.

LIPEZ, Justice.

Richard Rhoda appeals from a judgment entered in the Superior Court (Aroostook County, Pierson, J.) following a nonjury trial on Rhoda's complaint seeking the declaration of a right of access over the so-called Dykeman Road in Houlton, injunctive relief, damages and costs and on the Fitzpatrick's counterclaim to quiet title and for costs. Rhoda argues that the court erred in locating the Dykeman Road; that it mistakenly excluded from evidence statements made by a deceased predecessor in the Fitzpatrick's chain of title; that it wrongly decided the estoppel issue; and that the court erred in adopting verbatim the Fitzpatrick's proposed findings of fact and conclusions of law. We disagree and affirm the judgment.

Background

The evidence disclosed that in 1892 George Pennington owned Lots 16 and 17, Range 3, in the North Division of Houlton. Lot 17 was located to the south of lot 16. Wallace Dykeman, Jr. owned Lot 16, Range 2 in the North Division of Houlton. Lot 16, Range 2 was located to the east of Lot 16, Range 3. (The attachment appended hereto prepared by the Court illustrates the location of the lots in relation to one another.)

The County Commissioners decided to locate a public road over Pennington's land, described as follows:

the bearings being according to the compass, the variation being on the first day of January, 1892, at Houlton, nineteen (19) degrees and seventeen (17) minutes west. Beginning in the town of Houlton at a point bearing north and distant 24 and 3/4 feet from where the line of Lot No. 16 range 3 intersects the Foxcroft road in said Houlton thence running easterly along and 24 and 3/4 feet distant from said south line of Lot 16, range 3, and on said lot 47 1/2 chains to a point 24 and 3/4 feet north from the south-east corner of Lot 16, range 3.

The above line to be the center of the road and the road to be three rods wide, and to be made and opened within one year from the final close of proceedings.

(emphasis added). They agreed to pay Pennington $100.00 in damages for the taking. In 1897 Pennington deeded land for the road to the town in exchange for $100.00. The deed description states:

a strip or parcel of land situate in said Houlton, to wit: three (3) rods off the South side of Lot numbered sixteen (16) in the North Division of said Houlton, the same to be used as a town road....

(emphasis added). Pennington thereafter remained the owner of the rest of Lot 16, Range 3, as well as Lot 17, Range 3. The land that Dykeman had owned, Lot 16, Range 2, had been conveyed to William A. Campbell.

Both Pennington and Dykeman were predecessors in title to land the Fitzpatricks currently own: Lots 16 and 17, Range 3 and Lot 16, Range 2. Rhoda currently owns, among other parcels, Lot 17, Range 2. He sold two parcels of his land believing that an existing road over Lot 16, Range 3 (the Dykeman Road) would provide access from the Foxcroft Road. In the fall of 1988, however, the Fitzpatricks dug up the eastern portion of the road and ran a steel cable across it, making it impassable.

Rhoda brought an action in 1989 for a declaratory judgment that he had a right of access over the Dykeman Road. ¹ He also sought injunctive relief, damages and costs. His complaint was amended in 1991 to include claims of easement by prescription, necessity or by implication, as well as damages pursuant to 14 M.R.S.A. § 7552 for knowing and willful conduct in blocking his use of the road. The Fitzpatricks counterclaimed to quiet title and to recover costs.

After the entry of a judgment in favor of the Fitzpatricks on Rhoda's complaint, their counterclaim and for costs, Rhoda filed a motion for findings of fact and conclusions of law pursuant to M.R.Civ.P. 52(a). Both parties filed proposed findings with the court, which issued findings of fact and conclusions of law, later amended. This appeal followed.

Location of the Dykeman Road

Rhoda contends that the trial court erred in determining that the Dykeman Road lies entirely within Lot 16, Range 3 and touches Rhoda's property (Lot 17, Range 2) at only one finite point. In boundary disputes, what the boundaries are is a question of law. Where the boundaries are on the face of the earth is a question of fact. Dupont v. Randall, 648 A.2d 437, 438 (Me.1994). The finding of a trial court on the location of boundary lines will not be disturbed unless clearly erroneous. Blance v. Alley, 330 A.2d 796, 799 (Me.1975). A trial court's factual determinations are only "clearly erroneous" if there is no credible evidence on the record to support them, Hamm v. Hamm, 584 A.2d 59, 62 (Me.1990), or if the court bases its findings of fact upon a clear misapprehension of the meaning of the evidence, Ouellette v. Albert, 628 A.2d 1027, 1029 (Me.1993). These principles apply to the court's decision on the location of the Dykeman Road. There is ample credible evidence on the record to support the court's decision.

The unambiguous descriptions in both the 1892 County Commissioner's order and the subsequent deed from Pennington indicate that the road is located entirely on Lot 16, Range 3. ² Fred Rooney, the Fitzpatricks' surveyor, researched the history of surveys of the area back to 1794, including a plan known as the Burleigh Plan prepared sometime between 1817 and 1842. Computer analysis revealed that the plan reflected surveying activity on the face of the earth. After Rooney conducted a survey of Lots 17 and 16, Range 3, and Lots 16 and 15, Range 2, he found a good correlation in terms of angles between the Burleigh Plan and his survey. Although in his survey he consistently found surplus distances in the length of property lines compared to the distances in the Burleigh Plan, he was able to locate old blazes consistent with the Plan. Rooney explained that the Plan was only measured to the nearest rod, which accounts for some of the surplusage. His survey of the entire area closed with an accuracy far exceeding the standard for rural property.

Rooney also used aerial photographs to locate the Dykeman Road, transferring the results of his survey onto several photographs so that the location of the Dykeman Road in relation to the boundaries of the property of the parties is clear. According to the survey and photographs, the road lies entirely on Lot 16, Range 3. Finally, the historical testimony of witnesses who had lived in the area for a long time supports the finding of the court on the location of the Dykeman Road.

The Meaning of "Intersect"

Rhoda contends that the Dykeman Road actually extends 36.56 feet into Lot 16, Range 2 because the word "intersect" in the County Commissioners' order means the junction of the western boundary of Lot 16 Range 3 with the easterly right of way margin of the Foxcroft Road, rather than a junction at the center of the Foxcroft Road. The trial court disagreed with that construction.

In interpreting a deed, a court should give words their general and ordinary meaning to see if they create any ambiguity. Gillespie v. Worcester, 322 A.2d 93, 95 (Me.1974). If the words create no doubt, the deed is clear and unambiguous. Id. "Intersection" is commonly defined as "to pierce or divide by passing through...." WEBSTER'S DICTIONARY 1299 (2d ed. 1961). It has been interpreted as meaning "to cut across" or "to cut into another." Beams v. Werth, 200 Kan. 532, 438 P.2d 957, 965 (1968). See also Boxell v. Planning Comm'n of City of Maumee, 10 Ohio App.2d 25, 225 N.E.2d 610, 619 (1967) (defining "intersect" as "to cut into or between; to pierce or divide by passing through or across; to meet and cross at a point; to cut into another"). The foregoing definitions indicate that the Dykeman Road should be measured from the centerline of the Foxcroft Road. If the Dykeman Road were measured from the eastern margin of the Foxcroft Road, it would not pierce, cut or cross the road.

This meaning of "intersect"...