Evidence, Monuments, and Records Research
What this domain tests
The exam tests how you gather and weigh evidence: deeds, plats, probate and town records, monuments, parol evidence, and physical traces. The goal is a defensible opinion, not a convenient answer.
Core rules
- Classify evidence: direct vs circumstantial, documentary vs testimonial, original vs derivative.
- Prefer original, undisturbed monuments. Record the monument's type, condition, position, and relationship to other calls.
- Research the full chain: county registry of deeds, probate court, town clerk, Maine State Archives, highway and railroad records, historical aerial imagery, and older plats.
- Read deeds in context: exceptions, reservations, 'subject to,' and references to adjoining owners can limit the grant.
- A tax map is an assessment tool, not a legal description.
Worked example
A deed calls for a line 'to the stone wall' then gives a course that runs 12 ft beyond a visible wall. The wall is a called monument and generally controls the distance. If the wall has been removed, look for its trace, old fence line, aerial photography, and testimony; do not silently hold the distance. Document why the wall location is reliable.
Traps
Using a photocopy without checking the recorded image; skipping the prior deed; confusing a 'together with' right-of-way with a boundary; and treating a later survey as evidence of the original intent.