USE OF EXTRINSIC EVIDENCE TO AID INTERPRETATION OF DEEDS

When deeds are confusing, ambiguous, or poorly written it may be diffi cult to determine the boundaries of the property described. In an effo rt to uphold the intended conveyance of the parties to a deed, the cou rt commonly accepts clarification of the written description of a deed by the use of evidence from outside the deed known as extrinsic evide nce. The evidence may be used to clarify ambiguities, terms, errors, o missions, and conflicts; to verify monuments; to clarify circumstances surrounding the conveyance; and to verify lost deeds. The evidence ma y consist of parol evidence; historic surveys, plans, maps, aerial pho tographs, unrecorded papers, evidence of the actions of the parties, a nd certain statements made by knowledgeable parties. Surveyors often m ust use extrinsic evidence. Therefore, surveyors should know when extr insic evidence can be used and must be able to explain in a court of l aw the validity of its use in preparing a survey. This paper is writte n to be specific to the laws of the state of Maine, yet many of the pr inciples are applicable across the United States.