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STATE OF MAINE SUPERIOR COURT
CUMBERLAND, ss.
CIVIL ACTION /' DO~KET N0: C~-09;??S.,~'"
P,(, . (, ,j in '.'-'.'-' I'"
EARL T. AND SANDRA S.
HOLDSWORTI 1,
Plaintiffs, ORDER ON DEFENDANTS'
v. MOTION FOR SUMMARY JUDGMENT STATE OF MAIt-JE
DAVrD HIGGINS III AND LINDA
Cumberland, SS, Clerk s Office
S. RIVARD, M{1-{Itl 2010
Defendants
RECE'VED
Defendants David Higgins III and Linda S. Rivard move for summary judgment on their counterclaim and on all counts of plaintiffs Eml and Sandra Holdsworth's complaint. The Holdsworths accuse the defendants of slandering their title, tortiously interfering with a contractual relationship, and negligently claiming a property right in connection with a boundary dispute that allegedly prevented the Holdsworths from selling their property. The defendants deny the allegations and have counterclaimed for declaratory judgment affixing the disputed boundary. The court grants the defendants summary judgment on the Holdsworths' tort claims, but denies judgment on their declaratory action.
BACKGROUND
On November 17, 1969, plaintiffs Earl T. and Sandra S. Holdsworth purchased property at 111 Bruce Hill Road in Cumberland, Maine, from grantors Paul G. Lebel and Michael Lenoci. (Pl.'s Opp. S.M.F. err 1.) On November 28, 1969, David Higgins, Jr. and Marilyn Higgins acquired an adjacent parcel of property at 107 Bruce Hill Road from grantors Gene and Carol M. Stratton. (Pl.'s Opp.
1
S.M.F. <IT<jf 2-4.) The two properties were originally joined as one twelve-acre
porcel. (Pl.'s Add'l S.M.F. <IT 10.) The Strattons' deed described their land as one-
half the original twelve acres, and the Holdsworths' deed describes their
property as six acres. (Pl.'s Add'l S.M.F. <jI<IT 4,9.) Neither deed contained any
metes-and-bounds description or referenced any monuments. (Pl.'s Add'l S.M.F.
<[<Jr 4, 9.)
Tn 1969, before the Higgins purchased their property, Robert G. Blanchard surveyed the land and found or installed monuments marking the boundaries. He located the boundary between the Stratton and Holdsworth parcels at the center of a driveway and identified the Stratton parcel as encompassing approximately six and one-third acres (6.38

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Maine Law