[ME] How likely am I to win an adverse possession claim after my family used the property for over 40 years?

Lexi, Chatbot

I understand that you're concerned about the chances of winning an adverse possession claim; that can be quite stressful. Can you tell me if the property in question has been openly and continuously used by your family for those 40 years?

Lexi, Chatbot

Have there been any disputes or challenges from the actual property owner during this time?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your adverse possession claim.

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation.

Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Jon

In Maine, winning an adverse possession case is generally tough because the state sets a high legal bar. Even though your family has used the land for 40 years, which exceeds the 20-year requirement under Maine law (14 ME Rev Stat § 801), success depends heavily on how the land was used and whether that use counts as legally “hostile.”

Since the current owner has filed a quiet title claim, the dispute is now a formal legal battle, and the clock on adverse possession effectively stops.

The first major challenge is proving hostility. In Maine, “hostile” doesn’t mean unfriendly—it means using the land as if you owned it, without permission.

Maine courts often assume that unposted, undeveloped land is used with the owner’s consent. So, if the owner can argue that your family’s use was simply tolerated, your claim could fail. Recreational use like walking, hunting, or occasional wood cutting is less likely to count than building structures, fencing, or farming.

Physical evidence also matters. Courts look for “open and notorious” use—clear actions that would put a reasonable owner on notice. Strong evidence includes building a cabin, installing a driveway, or maintaining a fence.

Weaker evidence, like children playing, clearing brush occasionally, or a seasonal garden, may not be enough, as seen in Weeks v. Krysa.

Your family can likely use “tacking,” which allows combining years of use by successive family members to meet the 20-year requirement, as long as there weren’t significant gaps.

However, property taxes can be another hurdle. For uncultivated land in unincorporated areas, Maine law often requires the adverse possessor to have paid taxes for the statutory period. If the record owner has been paying, it weakens the case. (14 ME Rev Stat § 816)

Looking at these factors, your chances vary:

• If your family built a house or structure and paid taxes, the chance of success is high.
• If you fenced and farmed the land, the chance is moderate.
• If the use was mostly recreational and the owner paid taxes, the chance is low.
• If the owner gave verbal permission, the claim is very unlikely to succeed, since permission prevents adverse possession from applying.