Irving Pulp & Paper, Inc. v. Kelly

Maine Supreme Judicial Court · Property

PropertyAdverse PossessionRes JudicataJury Instructionsadverse possessioninterruption of possessionjudgment for title and possessionres judicata

Facts

Irving held undisputed record title to the disputed parcel known as the Wesley lot. In 1985, the Kelly brothers received and recorded deeds from their father, John Kelly, reciting that he had held the premises openly, notoriously, and adversely for more than fifty years. Irving introduced evidence that in 1951 its predecessor, the Wheatlands, sued John Kelly and recovered a judgment for title and possession, and a writ of possession issued the next month. There was no evidence that the Wheatlands or Irving occupied the parcel after that judgment, and the trial court allowed the jury to consider how far back in time it could go in assessing adverse possession.

Issue

Whether the trial court erred by failing to instruct the jury that the 1951 judgment for title and possession interrupted any prior adverse possession claim and barred the Kellys from relying on any period before November 1951. Also, whether the jury instructions were so misleading as to constitute obvious error.

Rule

A successful action by the true owner resulting in a judgment for title and possession interrupts the continuity and exclusivity required for adverse possession, so any continued adverse possession must begin anew after the judgment. In addition, res judicata bars the adverse possessor and his privies from asserting title based on any period that was or could have been litigated in the prior action. Without record title, adverse possession is limited to the part actually occupied unless the land is part of a farm.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In rural Maine, North Woods Timber holds record title to a wooded parcel near Millinocket. In 1962, it sued Owen Mercer for title and possession and obtained a final judgment, but it never physically reentered the parcel; Mercer continued cutting firewood there until 1980 and now claims title based on use dating back to 1945.

If Mercer litigates adverse possession in 1980, which statement is most accurate?

Explanation. A successful action by the true owner resulting in a judgment for title and possession interrupts the continuity and exclusivity required for adverse possession, even if the owner does not later occupy the land. The limitations period must commence anew from the date of judgment if adverse possession continues thereafter. Thus Mercer cannot use any pre-1962 period. (Derived from Irving Pulp & Paper, Inc. v. Kelly (n.d.).)