Paine v. Sexton
Massachusetts Appeals Court
37 N.E.3d 1103 (2015)
- Written by Eric Miller, JD
Facts
In 1958, the Paines began operating a campsite on a 36-acre parcel of wooded land. Their son, Robert Paine (plaintiff) continued the business. The Paines placed picnic tables, fire pits, and other campsite fixtures in various parts of the premises; advertised the campsite through highway signage, newspapers, and brochures; and constructed fencing, complete with “no trespassing” signs. Paine and his parents claimed ownership of the land based on a series of seven deeds, which included references to assessors’ maps of the town. However, the property had a confusing title history dating back hundreds of years, and other parties occasionally attempted to assert ownership. In 1999, the Paines brought an action to register title, relying on theories of both deed-based legal title and adverse possession. Chellise Sexton (defendant) later claimed to have received title through a deed from 2007. The land court ruled that the Paines had acquired title through adverse possession, supplemented by color of title. Sexton appealed to the Massachusetts Appeals Court.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
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