Oakes v. Holly

OPINION

I. INTRODUCTION

Eleanor Oakes owns a 7/8 undivided interest in a 20-acre parcel of land in Council, while David and Sine Holly own a 1/8 undivided interest in the property. The parties went to court to partition the property, and each agreed to submit up to three partition proposals for the court's selection after it heard evidence about the choices. The superior court selected one of Oakes's proposals, and Oakes hired a surveyor to implement the division of the property.

The survey revealed a significant error in the map presented to the superior court of the selected proposal. The…