A Maine U.S. District Court jury will settle a long-standing property and boundary dispute next June for an Allagash family that has had “adverse possession” of 80 acres of Irving land since 1936.
Joseph P. Kelly, his wife, Manda Kelly, and sister, Cara Merrill, allege in a lawsuit against Allagash Timberlands and other family members that they, as the heirs of John Kelly Sr., have openly worked and possessed the land for 90 years, despite not being the original owners, according to court documents.
It’s not the first land dispute lawsuit filed in this northern Maine town of 237 residents in recent years.
In 2024, 11 community members sued the town following a land swap deal officials made with two residents who had used a small piece of town land near the fire station since 1978. After two lawsuits and a local crusade, the disputed piece of Allagash town land that was lost in the controversial land swap deal was returned to the community last year.
To own land through hostile, adverse possession in Maine, the Kellys must show that they have openly worked the land as if it was their own, knowing it belonged to Irving, for at least 20 years.
The case was originally filed in Aroostook County Superior Court in Caribou, but was transferred to the federal court in April. In late October, Magistrate Judge Karen Frink Wolf ruled that the defendant must disclose experts for the case by Dec. 18, with discovery complete by March 26, 2027, and all parties must be ready for trial on June 3, 2027.
In the current controversy, Allagash Timberlands contends they own the 80 acres in question and have filed a countersuit against all parties. Additionally, other members of the Kelly family — Regina Kelly, Lance Kelly and Taylor Jo Kelly — claim they have the right to possess the parcel.
According to the Joseph P. Kelly heirs’ lawsuit, the family has owned the land through a continuous chain of warranty deeds. Additionally, the disputed boundary has been marked by visible, long-standing monuments and visibly marked lines since at least 1936, including an old red blazed possession line, blazed trees, and other markers that have been visible and maintained by the family for nearly a century.
As Maine law requires, they must demonstrate that they have openly owned and used the land as their property without Irving giving them permission to do so.
The lawsuit cites seven public actions that meet this aspect of the law: They have posted “No Trespassing” signs and applied purple paint on boundary trees; they have blocked access roads annually; blocked access during deer season; constructed a pond on the property; cut wood/timber; hunted on the land; and farmed, worked and maintained it.
In their suit they asked for a jury trial and a court ruling to resolve the controversy, remove the cloud on the title, and confirm their ownership, the federal lawsuit states.
The family asks the court to rule that Joseph P. Kelly owns the disputed property by adverse possession, and that the land and boundary is theirs free and clear of any claim by Irving Pulp & Paper Ltd. or the other Kelly family members noted in the lawsuit.
They have also asked the court to award costs and attorney fees to Kelly.
