Use of Extrinsic Evidence to Aid Interpretation of Deeds

Abstract

When deeds are confusing, ambiguous, or poorly written it may be difficult to determine the boundaries of the property described. In an effort to uphold the intended conveyance of the parties to a deed, the court commonly accepts clarification of the written description of a deed by the use of evidence from outside the deed known as extrinsic evidence. The evidence may be used to clarify ambiguities, terms, errors, omissions, and conflicts; to verify monuments; to clarify circumstances surrounding the conveyance; and to verify lost deeds. The evidence may consist of parol evidence; historic surveys, plans, maps, aerial photographs, unrecorded papers, evidence of the actions of the parties, and certain statements made by knowledgeable parties. Surveyors often must use extrinsic evidence. Therefore, surveyors should know when extrinsic evidence can be used and must be able to explain in a court of law the validity of its use in preparing a survey. This paper is written to be specific to the laws of the state of Maine, yet many of the principles are applicable across the United States.