Snyder v. Haagen

• Decision Date: 14 June 1996
• Docket Number: Docket No. P,No. 7709,7709
• Citation: 679 A.2d 510
• Parties: Evelyn SNYDER v. Linda HAAGEN. DecisionLawen 95 91.
• Court: Maine Supreme Court

Page 510

679 A.2d 510

Evelyn SNYDER v. Linda HAAGEN.

Decision No. 7709.

Law Docket No. Pen 95 91.

Supreme Judicial Court of Maine.

Submitted on Briefs Feb. 16, 1996.

Decided June 14, 1996.

Joseph L. Ferris, Ferris, Dearborn & Willey, Brewer, for Plaintiff.

Lewellyn R. Michaud, Bangor, for Defendant.

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

LIPEZ, Justice.

Evelyn Pawliger Snyder appeals from the judgment entered in the Superior Court (Penobscot County, MacInnes, A.R.J.), fixing the location of the boundaries of her parcel and two parcels owned by Linda Haagen. Snyder contends that the court erred in its interpretation of the controlling deed. Haagen contends that there was competent evidence in the record to support the court's conclusions. We affirm the judgment.

Haagen owns property in Orrington on Field's Pond that abuts the disputed northern and western boundaries of Snyder's property. Snyder purchased the two parcels that make up her total interest in 1983. ¹ Haagen purchased the parcel that abuts Snyder's western boundary in 1984. In 1987, Haagen acquired the parcel that abuts Snyder's northern boundary (see attachment for a depiction of the boundaries and properties at issue).

Over the years, a dispute has arisen between the two neighbors as to the location of the western and northern boundaries of Snyder's lot. In 1992 Snyder commenced this action seeking a declaration of title, declaration of the boundaries of the parties' properties, trespass damages, a permanent injunction against future trespasses, and costs. Haagen counterclaimed seeking similar relief.

The Snyder deed describes her property as follows:

Beginning at a point on the northerly shore of said Field's Pond at the southwest corner of a lot of land now or formerly owned or occupied by Richard J. Crawford; thence northerly on and by the westerly side line of land of said Richard J. Crawford one hundred (100) feet to a point; thence westerly at right angles seventy-five (75) feet to a point; thence at right angles southerly and parallel to said westerly side line of land of said Crawford one hundred (100) feet to a point on the northerly shore of said Field's Pond; thence easterly on and by said northerly shore of said Pond seventy-five (75) feet to the point begun at.

Beginning at a point in the northeast corner of a parcel of land now or formerly owned by John E. Constantine; thence northerly on and by the westerly side line of land now or formerly owned by Richard J. Crawford one hundred (100) feet to a point; thence at right angles westerly seventy-five (75) feet to a point; thence at right angles southerly and parallel to the westerly side line of land of said Crawford one hundred (100) feet to a point in the northwest corner of said parcel of land now or formerly owned by said Constantine; thence at right angles easterly on and by the northerly line of land of said Constantine seventy-five (75) feet to the point begun at.

(emphasis added). Since the parcels described are adjoined, the two conveyances create one contiguous parcel bordered by Field's Pond.

The Snyder and Haagen lots were originally a part of the Schiro/Rochelle lot, the senior lot in the general area along Field's Pond. The Schiro/Rochelle lot is two lots to the east of the Snyder lot. In between the Snyder lot and the Schiro/Rochelle lot is the Crawford/Goodness lot. The Crawford/Goodness lot is described as follows:

Beginning at a point on the northerly shore of said Field's Pond at the southwest corner of a lot of land now owned or occupied by Sidney Schiro; thence northerly on and by the westerly side line of land of said Schiro one hundred feet to a point; thence westerly at right angles one hundred feet to a point; thence at right angles southerly and parallel to said westerly side line of land of said Schiro one hundred feet to a point on the northerly shore of said Field's Pond; thence easterly on and by said northerly shore of said Pond one hundred feet to the point begun at.

The reservation that created the Schiro/Rochelle lot is described thus:

Beginning at a pile of stones on the shore of Fields Pond about 510 feet from land of M.J. Curran; thence running northerly towards the said road 200 feet; thence westerly parallel with said road 150 feet, thence southerly parallel with the first described line 200 feet more or less to the Pond, thence easterly following the shore of the pond to the point of beginning....

(emphasis added).

At the bench trial, Norris Staples, a surveyor qualified as an expert, testified on behalf of Snyder that he had surveyed the perimeter of the Snyder lot and that, in his professional opinion, the term "right angles" was not a call for an exact ninety degree angle, but rather a call for a right angle more or less. He also testified that, in his opinion, the phrase "to a point on the northerly shore of the pond" meant to the normal high water mark of Field's Pond. Finally, he testified that the phrase "to the Pond" (as used in the Schiro/Rochelle reservation) generally means to the low water mark.

Michael Schaffer, another surveyor qualified as an expert, testified on behalf of Haagen that the phrase "to the Pond" in the Schiro/Rochelle reservation meant that the lot thus described was bounded by the low water mark of Field's Pond. He also testified that Field's Pond has been regulated by a dam owned by Eastern Fine Paper Inc. and its predecessors since 1917. ² He further testified that, in his professional opinion, the term "right angles" means a "right angle," which is a ninety degree angle. Finally, Schaffer testified that the Snyder lot was bounded by the mean low water mark of Field's Pond.

After a bench trial, the court adopted the description of Snyder's lot prepared by Schaffer for Haagen. This description was consistent with Schaffer's testimony that the phrase "right angles" means a ninety degree angle, as well as his testimony that the Snyder lot is bounded by the mean low water mark of Field's Pond.

The meaning of the phrase "right angles"

What the boundaries are, as ascertained from the deed, is a question of law. Conary v. Perkins, 464 A.2d 972, 975 (Me.1983). Where boundaries are on the face of the earth is a question of fact. Id. A trial court's factual finding concerning the location of a boundary will not be disturbed on appeal unless it is clearly erroneous. Rhoda v. Fitzpatrick, 655 A.2d 357, 360 (Me.1995). The court's determination that the phrase "right angles" as used in the Snyder deed means a ninety degree right angle was a legal determination, see Hodgdon v. Campbell, 411 A.2d 667, 672 (Me.1980) (holding that referee's determination of the meaning of the word "parallel" was a legal determination), and is subject to de novo review. Estate of Hardy, 609 A.2d 1162, 1163 (Me.1992).

There is no Maine case in which the phrase "right angles" has been interpreted. A search of the leading treatises did not disclose any helpful caselaw from other jurisdictions. A dictionary in common use defines a right angle as: "[a]n angle formed by the perpendicular intersection of two straight lines; an angle of 90 degrees." AMERICAN HERITAGE DICTIONARY 1063 (2d ed. 1982). That definition supports the trial court's conclusion that the phrase "right angles" means a ninety degree angle.

The third and fourth calls of the Snyder deed

When interpreting a deed, a court should first look for the controlling intent of the parties on the face of the deed. Taylor v. Hanson, 541 A.2d 155, 157 (Me.1988). The intent of the parties may not be clear from the face of a deed, however, if the deed contains a latent ambiguity. Id. A latent ambiguity occurs when, "in applying the description to the ground, the facts extrinsic to the document controvert or in some way render unclear the deed's apparently unambiguous terms." Id. at 158.

Snyder contends that her deed contains a latent ambiguity, noting that the westerly border of her parcel cannot be 200 feet as set forth in the fourth call in her deed if one applies the third and fourth calls for "right angles" as ninety degree angles. Pursuant to that application, the length of the westerly border of her parcel is only 169.54' from the northwest tip of her parcel to the mean low water mark (and only 147.24' if measured to the rebar set by Staples at the normal high water mark).

When a latent ambiguity exists a court may consider extrinsic evidence, including the circumstances existing at the time of the making of the deed or the contemporaneous construction of the deed by the grantee or grantor. Tyler v. Fickett, 73 Me. 410, 416 (1882). See also Hanson, 541 A.2d at 157. In the instant case, however, Snyder did not present any such extrinsic evidence.

In the absence of extrinsic evidence, the intent of the parties should be ascertained by resort to the rules of construction of deeds, such as the familiar rule that boundaries are established in descending order of control by monuments, courses, distances and quantity. Conary, 464 A.2d at 975. Without specific evidence that the parties intended otherwise, and when the results are not absurd or manifestly inconsistent with the parties' intentions apparent from the face of the deed, the standard rules of construction will control. Hanson, 541 A.2d at 158 (citing Kinney v. Central Maine Power Co., 403 A.2d 346, 350 (Me.1979)).

Snyder argues that the court's ninety degree angle interpretation of "right angles," and its determination that the course controls the distance calls in her deed, leads to the absurd result that she has thirty to forty feet less than the 200 feet of length specified in the deed for her westerly boundary. By itself, however, the loss of length on one boundary is not an absurd result that is manifestly inconsistent with the parties' intentions as reflected in the provisions of Snyder's deed. Compare, Proctor v. Hinkley, 462 A.2d 465, 472 (Me.1983) (holding that a call to go...