An Act To Require a Municipality To Quiet Title to Certain Roads Acquired by Adverse Possession

Sec. 1. 14 MRSA §812-C  is enacted to read:

§ 812-C.  Public road obtained by adverse possession

Notwithstanding any provision of this subchapter to the contrary, if a municipality obtains a public road through adverse possession and then abandons that road, the acquisition by the municipality of the property for use as a public road must be shown through a civil action to quiet title to the acquired property as described in chapter 723. If the municipality fails to show a court decree establishing or declaring the validity, nature or extent of the municipality’s title to the road, the acquisition by adverse possession must be considered void.

summary

This bill requires that, in the specific instance that a municipality claims to obtain a public road by adverse possession and then subsequently abandons that road, the municipality must prove that the title to the road was established by a court decree. Failure to obtain the court decree voids a claim to the road by the municipality by adverse possession.