In re Purchase of 4400 Kestrel Point, Sable County (Renard–Meskin)

WITNESS STATEMENT · WITNESS DELAHAYE

Statement of Corwin Delahaye

Neighbor and owner of 4380 Kestrel Point, Brightwater, Sable County, Meridian. Given informally to the parties' representatives on March 21, 2026. Mr. Delahaye is not a party to the purchase and is not represented by counsel.

My name is Corwin Delahaye. I'm fifty-four. I own the place next door to Ruth Renard's, at 4380 Kestrel Point. I've owned it since 2016, when my dad, Wendell, passed and left it to me. Before that it was my dad's for as long as I can remember. I grew up spending summers on that shore.

People keep calling that gravel lane an "easement," and every time I hear it my blood pressure goes up a little. It is not an easement. It's a two-track my dad let Harold Renard use because they were friends. Harold and my dad ice-fished together for thirty years. When Harold and Ruth built out their place back in the seventies, my dad told Harold, "Sure, use the cartway, no problem." That's what neighbors did. Nobody sat down with a surveyor and drew lines. There's a piece of paper from 1978, and I've seen it, but it doesn't describe anything. It says "the existing cartway." That could be anywhere.

Here's the thing nobody wants to admit: the lane as it actually sits runs a lot closer to my cabin than that old paper would suggest. When Nadia Brummond did her survey this March, she measured it — about fifteen feet off. So people have been driving basically through my side yard for years on the strength of a handshake.

I've plowed that lane every winter. I've graded it, I've hauled gravel onto it, I've fixed the culvert twice. Out of my own pocket. Ruth never paid a dime toward it and neither did anyone else. To me that says it's mine to control.

Now Mr. Meskin wants to put four rental cabins back there. Four cabins means renters, means cars, means strangers coming and going all summer past my kitchen window. I'll be honest — I don't love it. I'd rather that parcel stayed the way it is.

I've told Ruth, and I'll tell anyone: if somebody wants a real, recorded easement so this is settled for good, I'm willing to talk about selling one. I'd want to be made whole for it — I'm not giving away a permanent right to my land for nothing. And if it came to it, I'd think hard about just buying the Renard parcel myself so the whole question goes away. I'm not trying to be difficult. I just don't want to wake up one morning and find out I signed away control of my own front yard.

WITNESS STATEMENT · WITNESS BRUMMOND

Surveyor's Report and Statement of Nadia Brummond, L.S.

Licensed Land Surveyor, Meridian license on file. Field work March 14–16, 2026, at 4400 and 4380 Kestrel Point, Brightwater, Sable County. Prepared at the request of buyer's representatives; shared with both sides.

I am Nadia Brummond, a licensed land surveyor. I was engaged to locate the boundary between 4400 Kestrel Point (the Renard parcel) and 4380 Kestrel Point (the Delahaye parcel), and to locate the gravel access lane known locally as Birchrun Lane relative to the recorded documents.

What I found on the ground. Birchrun Lane is an improved gravel two-track running approximately six hundred feet from the county road southerly down to the Renard parcel. It is a real, well-established travel way — compacted gravel, a ditched shoulder, and a culvert where it crosses a seasonal drainage. It has plainly been used and maintained for many years.

The record problem. I reviewed the instrument recorded in 1978 that purports to grant access. That instrument grants "a right of way for ingress and egress" over "the existing cartway" but gives no metes-and-bounds description, no width, and no tie to any monument. From a surveyor's standpoint, "the existing cartway" in 1978 is not something I can reproduce with certainty in 2026. There is no way to know from the paper alone precisely where the parties intended the burden to fall.

The deviation. When I overlay the lane as it is actually traveled today onto the best reconstruction of the 1978 language and the 1971 subdivision plat, the traveled lane sits roughly fifteen feet off — and the offset is toward the Delahaye residence, not away from it. In plain terms, the road people actually drive is closer to the Delahaye cabin than a careful reading of the old documents would predict.

The platted road. The 1971 "Kestrel Point Shores" plat also depicts a shoreline road, labeled Verdant Shore Road, running along the rear (lake side) of 4400. It was platted but never constructed; on the ground there is nothing there but brush and a drainage swale. I note it because it is the strip the City of Brightwater has proposed to vacate.

My professional caution. I take no position on the legal character of the access right — whether it is an easement or a license is not a surveyor's question. What I can say is that the location of the right, as written, is indefinite, and any purchase agreement that relies on it should either fix the location by a new recorded instrument or treat the access as unresolved.

WITNESS STATEMENT · WITNESS ACHLEITNER

Statement of Roland Achleitner

Licensed real-estate broker, listing agent for 4400 Kestrel Point. Statement given March 25, 2026.

I'm Roland Achleitner, a real-estate broker working the Lake Verdant and Brightwater market for about eighteen years. Ruth Renard's daughter called me last fall and asked me to list her mother's place at 4400 Kestrel Point. I listed it in January of this year at $415,000. It's a gorgeous parcel — a hundred-plus feet of quiet north-shore frontage — and lakefront like that doesn't come up often, so I expected interest.

When I put together the property disclosure, I described the access as "a shared driveway easement." I'll be candid: I wrote that based on what Ruth told me and on the fact that there was an old recorded document in the file. Ruth has always understood that the lane was theirs to use — she'd say "that's our driveway" without a second thought. I'm a broker, not a title lawyer, and in hindsight "easement" was probably more certain a word than the situation deserved. Once Mr. Meskin's side started asking pointed questions, Ruth's attorney softened it to "a longstanding permissive use," which honestly is closer to the truth as I understand it now.

Talbot Meskin came to me early. He's built cabins all around the county and he knew exactly what he wanted — four rental units back there. He put in a written offer of $360,000 in February. It's under ask, but given the access cloud I didn't think it was insulting, and I told Ruth as much.

There's one more thing I should put on the record, because it matters. Corwin Delahaye, the next-door neighbor, came to me a while back — before Meskin's offer — and asked whether Ruth might sell to him. He said he'd rather see it stay undeveloped. I passed that along to Ruth's family at the time. I don't know whether he was serious about a price, but the interest was real.

My honest read: this deal can get done, but only if the access question gets nailed down. Buyers can live with a lot of things. They can't live with not knowing whether they can drive to the house they just bought.

WITNESS STATEMENT · WITNESS VESTERGAARD

Statement of Harlan Vestergaard

City Planner, City of Brightwater, Sable County, Meridian. Statement given April 2, 2026, in response to inquiries about the proposed vacation of Verdant Shore Road.

I'm Harlan Vestergaard, the city planner for Brightwater. I've been asked to explain what the City is doing with Verdant Shore Road out at Kestrel Point Shores, because there's obviously a real-estate deal riding on it.

Here's the background. When the Kestrel Point Shores subdivision was platted back in 1971, the developer dedicated a shoreline road — Verdant Shore Road — running along the lake side of several lots, including 4400. Like a lot of these old lakeshore plats, that road was drawn on paper and then never actually built. There's nothing out there. It's brush and a drainage swale.

The City is carrying dozens of these paper roads on its books. They're a liability for us — technically we could be on the hook to maintain or improve them someday, and they clutter the title records. So the Council has a standing initiative to clean them up by vacating the ones nobody needs. Verdant Shore Road came up in that batch. The public hearing is on the Council's agenda this month.

I want to be clear about our motive, because people assume the City is trying to help or hurt a particular landowner. We're not. This is purely about shedding maintenance liability on unbuilt platted roads. We take no position on Mr. Meskin's cabins or Ms. Renard's sale.

Now, what happens if we vacate it. Under the general rule, when a city vacates a platted road, the vacated ground reverts to the abutting property owners — typically to the centerline, split between the owners on each side. For 4400, that could mean the parcel picks up a strip of land along its lake side. Whether that strip is actually useful as a second access point is a different question entirely — it depends on the topography, on what the county's shoreland rules allow, and on whether it connects to anything drivable. I wouldn't want anyone to assume the vacation solves their access problem. It might help. It might do nothing. That's a question for the buyer's surveyor and lawyer, not for me.

CASE-FILE DOCUMENT · EXHIBIT 001 PURCHASE AGREEMENT DRAFT

Exhibit m04.exh.001 — Purchase Agreement (Working Draft)

Draft residential real-estate purchase agreement circulated between the parties. Unsigned. Bracketed terms remain open and are the subject of negotiation.

PURCHASE AGREEMENT

Seller: Ruth Renard Buyer: Talbot Meskin (or assigns) Property: 4400 Kestrel Point, Brightwater, Sable County, State of Meridian — a parcel of approximately 3.1 acres with frontage on Lake Verdant, together with all access rights appurtenant thereto.

1. Purchase Price. Buyer agrees to pay $[360,000 — open], payable in cash at closing.

1. Earnest Money. Buyer has deposited $10,000 in earnest money with the closing agent, to be credited to the purchase price at closing.

1. Closing Date. On or before [open], 2026, at the offices of the closing agent.

1. Access Contingency. This Agreement is contingent upon Buyer's satisfaction, in Buyer's sole discretion, that the Property has legally sufficient, permanent vehicular access. Seller shall cooperate in Buyer's efforts to (a) obtain a recorded easement over the gravel lane crossing 4380 Kestrel Point, and/or (b) confirm access via any land acquired through the City of Brightwater's proposed vacation of Verdant Shore Road. [Scope and deadline open.]

1. Title. Seller shall convey marketable title by warranty deed, subject only to the standard permitted exceptions. The parties acknowledge the title commitment lists the 1978 access instrument as a Schedule B exception; cure of that exception [is / is not] a condition of closing. [Open.]

1. Zoning / Development Contingency. This Agreement [is / is not] contingent on Buyer confirming that Sable County shoreland-district rules permit Buyer's intended use. [Open.]

1. Seller Disclosure. Seller's Property Disclosure is attached and incorporated. Seller represents the disclosure is accurate to Seller's knowledge.

1. Default; Remedies. [Standard reciprocal remedies — open.]

1. Certificate of Real Estate Value. The parties shall complete and file a Certificate of Real Estate Value as required for this transfer.

Signature blocks (unexecuted): ____________________ (Seller) ____________________ (Buyer)

CASE-FILE DOCUMENT · EXHIBIT 002 1978 ACCESS INSTRUMENT

Exhibit m04.exh.002 — 1978 Access Instrument (Recorded)

Transcription of the recorded instrument at the heart of the access dispute. Recorded with the Sable County Recorder. The document's ambiguity — no legal description, uncertain character — is the load-bearing fact of the matter.

RIGHT OF WAY

Recorded: Sable County Recorder, Document No. [stamped], recorded in 1978.

KNOW ALL PERSONS BY THESE PRESENTS, that Wendell Delahaye, owner of the parcel commonly known as 4380 Kestrel Point, does hereby grant unto Harold Renard and Ruth Renard, husband and wife, a right of way for ingress and egress over and across the existing cartway situated upon the grantor's land, for the purpose of reaching the neighboring parcel to the south.

The parties intend that the Renards and their household shall have the use of the existing cartway for coming and going to their property.

This grant is made in consideration of the neighborly relations between the parties and the sum of One Dollar and other good and valuable consideration.

Dated 1978.

/s/ Wendell Delahaye

(Notarial acknowledgment appears on the recorded instrument.)

Recorder's / drafter's note appended to the case file (not part of the recorded text): The instrument contains no metes-and-bounds legal description, no stated width, and no reference to any survey monument. It refers only to "the existing cartway." It does not state that the right of way is appurtenant to or runs with the Renard land, nor does it state that it is personal to the named grantees. It is silent on whether it is permanent or revocable. These silences are the crux of the parties' disagreement.

CASE-FILE DOCUMENT · EXHIBIT 003 PLAT AND SURVEY

Exhibit m04.exh.003 — Plat Map and Surveyor's Diagram (Described)

Described exhibit. The 1971 "Kestrel Point Shores" plat overlaid with Nadia Brummond's March 2026 survey. Accompanies the Surveyor's Report (see witness-brummond.md).

The 1971 plat (as depicted):

• The subdivision "Kestrel Point Shores" is drawn as a row of lakefront lots along the north shore of Lake Verdant. Lots are numbered; 4400 and 4380 Kestrel Point are adjacent, with 4380 lying between 4400 and the county road.
• A dedicated but unbuilt shoreline road, Verdant Shore Road, is drawn running along the rear (lake side) of the lots, including behind 4400. On the ground it does not exist.
• No driveway or access lane to 4400 is shown on the plat itself; the only depicted public access is the county road at the north edge of the subdivision, which does not touch 4400.

Brummond's 2026 overlay (as depicted on the diagram):

• A bold dashed line labeled "Birchrun Lane — traveled way" curves from the county road, across the 4380 (Delahaye) parcel, down to the 4400 (Renard) parcel entrance. Length noted as ≈ 600 ft.
• A finer line labeled "approx. location per 1978 instrument (reconstructed)" runs roughly parallel but offset. A dimension arrow between the two lines is annotated "≈ 15 ft deviation — traveled way lies toward Delahaye residence."
• The Delahaye cabin footprint is shown close to the traveled way on the diagram.
• A hatched strip along the lake side of 4400 is labeled "Verdant Shore Rd. — platted, unbuilt (subject of proposed City vacation)."
• A note reads: "Location of access right per record instrument is indefinite; recommend new recorded easement fixing centerline and width, or treat access as unresolved."

CASE-FILE DOCUMENT · EXHIBIT 004 TITLE COMMITMENT

Exhibit m04.exh.004 — Title Commitment (Excerpt)

Excerpt from the title-insurance commitment obtained for the proposed purchase of 4400 Kestrel Point. Schedule B exceptions are the operative portion.

COMMITMENT FOR TITLE INSURANCE — EXCERPT

Proposed Insured: Talbot Meskin (Buyer) Land: 4400 Kestrel Point, Brightwater, Sable County, State of Meridian — approx. 3.1 acres, abstract (non-registered) property. Record Title Holder: Ruth Renard, a widow. Proposed Policy Amount: to be set at the purchase price.

Schedule B — Part II — Exceptions

The policy will not insure against loss arising from the following unless removed or endorsed over prior to closing:

1. Real-estate taxes for the current year and thereafter, not yet due and payable.
2. Rights of the public and of governmental authority in any portion of the Land lying within the platted but unbuilt right-of-way known as Verdant Shore Road, per the 1971 plat of Kestrel Point Shores; subject to the pending City of Brightwater proceeding to vacate said right-of-way.
3. The right-of-way / access instrument recorded in 1978 (grantor Wendell Delahaye) affecting access to the Land over the adjoining parcel at 4380 Kestrel Point. The Company makes no representation as to the scope, location, permanence, or continued validity of the access purportedly granted, said instrument lacking a legal description. The Company will not insure legally sufficient permanent access to the Land absent a corrective recorded instrument satisfactory to the Company.
4. Matters that an accurate survey and inspection would disclose, including the location of the traveled lane relative to record title.
5. Standard shoreland, wetland, and setback regulations of Sable County and the State of Meridian.

Note to proposed insured: Item 3 is a material access exception. The Company's willingness to issue an access endorsement is conditioned on delivery of a recorded easement, in recordable form and satisfactory location, or other cure of the access defect.

CASE-FILE DOCUMENT · EXHIBIT 005 CITY VACATION NOTICE

Exhibit m04.exh.005 — City of Brightwater Notice of Proposed Street Vacation

Public notice issued by the City of Brightwater regarding Verdant Shore Road. A structural fact for the transaction; no legal analysis appears in the notice.

CITY OF BRIGHTWATER, SABLE COUNTY, STATE OF MERIDIAN

NOTICE OF PUBLIC HEARING — PROPOSED VACATION OF PLATTED RIGHT-OF-WAY

NOTICE IS HEREBY GIVEN that the City Council of the City of Brightwater will hold a public hearing to consider the proposed vacation of the following platted but unimproved public right-of-way:

Verdant Shore Road, as dedicated on the plat of Kestrel Point Shores (recorded 1971), being the shoreline right-of-way lying along the lakeward side of Lots in said plat, including the parcel commonly known as 4400 Kestrel Point.

Purpose: The City has identified Verdant Shore Road as an unbuilt right-of-way that the City does not intend to improve or maintain. The proposed vacation is part of the City's ongoing program to relieve the City of maintenance obligations on unimproved platted roads and to clarify property records.

Hearing: The public hearing will be held before the Brightwater City Council in April 2026 at Brightwater City Hall. All interested persons and abutting property owners may appear and be heard.

Effect of vacation (general information only): If the vacation is approved, the vacated ground will pass to the abutting owners as provided by law. This notice makes no representation as to any particular owner's resulting rights, access, or land area; abutting owners are encouraged to consult their own advisors.

Written comments may be submitted to the Brightwater City Clerk in advance of the hearing.

/s/ Brightwater City Clerk

CASE-FILE DOCUMENT · EXHIBIT 006 SELLER DISCLOSURE

Exhibit m04.exh.006 — Seller's Property Disclosure and Listing Sheet (Excerpt)

Excerpts from the listing materials and Seller's Property Disclosure prepared for 4400 Kestrel Point.

LISTING SHEET (excerpt)

• Address: 4400 Kestrel Point, Brightwater, Sable County, Meridian
• List price: $415,000
• Listed: January 2026
• Lot: ± 3.1 acres, ± 120 ft of Lake Verdant north-shore frontage
• Improvements: Original 1981 seasonal cabin (modest); balance wooded and buildable subject to shoreland rules
• Access: "Shared driveway easement from county road" (see disclosure)
• Listing broker: Roland Achleitner

SELLER'S PROPERTY DISCLOSURE (excerpt)

Seller: Ruth Renard

• Q: How is the property accessed?

A: "By a shared driveway easement over the neighboring lot. We have used the driveway since we built the cabin. [Handwritten margin note added later by seller's counsel: characterize as 'a longstanding permissive use'; original 'easement' overstated.]"

• Q: Are you aware of any boundary disputes, encroachments, or access disputes?

A: "The neighbor, Mr. Delahaye, has said he thinks the lane is his and has mentioned selling us a formal easement. My late husband always told me it was ours by right."

• Q: Are you aware of any pending governmental proceedings affecting the property?

A: "The city has sent a notice about vacating an old road along the lake behind the lot. I don't fully understand it."

• Q: Well / septic?

A: "Private well and an older septic serving the existing cabin. I do not know if it is adequate for additional buildings."

Seller certifies the foregoing is true to the best of Seller's actual knowledge.

CASE-FILE DOCUMENT · EXHIBIT 007 EMAIL MESKIN ACHLEITNER

Exhibit m04.exh.007 — Email Correspondence, Meskin ↔ Achleitner

Email thread between Talbot Meskin (buyer) and Roland Achleitner (listing broker), February 2026. Buyer's confidential motivations are NOT stated here; this is ordinary deal correspondence.

From: Talbot Meskin To: Roland Achleitner Date: February 9, 2026 Subject: 4400 Kestrel Point

Roland — I walked 4400 again this weekend. It's exactly the kind of parcel I've been looking for, and I think it could carry a few rental cabins nicely. Before I put anything in writing, tell me straight: how solid is the access down that gravel lane? The listing says "easement," but I want to know what's actually recorded. I've been burned by a fuzzy access situation before.

— Talbot

From: Roland Achleitner To: Talbot Meskin Date: February 9, 2026 Subject: RE: 4400 Kestrel Point

Talbot — Honest answer: there's an old recorded document from the seventies that grants a right of way, and the family has always treated the lane as theirs. But it's an old piece of paper and the neighbor, Delahaye, has grumbled that he thinks it's just permission. I'd have your attorney look hard at it. Ruth's motivated to sell. Make me an offer and we'll work the access issue as part of the deal.

— Roland

From: Talbot Meskin To: Roland Achleitner Date: February 10, 2026 Subject: Offer — 4400 Kestrel Point

Roland — Attached is a written offer at $360,000 with a firm access contingency. I'm serious about this parcel, but I'm not closing on a property I can't guarantee I can drive to. Let's get the access nailed down — a real recorded easement, or we find another way in — and I think we can make this work.

— Talbot

CASE-FILE DOCUMENT · EXHIBIT 008 SELLERCOUNSEL LETTER

Exhibit m04.exh.008 — Letter from Seller's Counsel re: Access

Letter from Ruth Renard's attorney to Ellingboe & Ravndal LLP (buyer's counsel), responding to the buyer's inquiries about access. Contains no citations; states the seller's negotiating position.

[Seller's Counsel Letterhead]

March 19, 2026

Ellingboe & Ravndal LLP 310 Riverwalk Plaza, Suite 400 Norsholm, Meridian 55901

Re: Sale of 4400 Kestrel Point — Access

Counsel:

Thank you for your questions regarding access to the above property. On reflection, and to avoid any misunderstanding, my client wishes to characterize the access accurately. The listing's reference to a "shared driveway easement" was my client's lay description. The more precise characterization is that the Renards have had a longstanding permissive use of the gravel lane crossing the Delahaye parcel, supported by the recorded 1978 instrument, and that the family has used that lane openly and continuously for over forty years.

My client is not in a position to warrant the legal sufficiency or permanence of that access, and she will not do so. She is, however, willing to cooperate reasonably with your client's efforts to obtain a recorded easement from Mr. Delahaye, and she has no objection to a purchase-agreement contingency addressed to access, provided the contingency has a defined and reasonable outer date. My client is motivated to close this year and would prefer a negotiated cure over any dispute with her neighbor.

We understand your client may also be watching the City's proposed vacation of Verdant Shore Road. My client takes no position on that proceeding and makes no representation about its effect.

We look forward to working toward a purchase agreement.

Very truly yours,

/s/ Counsel for Ruth Renard

BUSINESS EXHIBIT · ENGAGEMENT LETTER

Engagement Letter

Ellingboe & Ravndal LLP 310 Riverwalk Plaza, Suite 400 Norsholm, Meridian 55901

February 18, 2026

Mr. Talbot Meskin 1120 Timbergate Road Brightwater, Meridian 55716

Re: Representation in the purchase of 4400 Kestrel Point, Sable County

Dear Mr. Meskin:

Thank you for asking Ellingboe & Ravndal LLP to represent you in connection with your proposed purchase of the lakefront parcel at 4400 Kestrel Point, on Lake Verdant in Sable County, from Ruth Renard. This letter sets out the terms of our engagement.

Scope of representation. We will advise you on the transaction, review the title commitment and the recorded documents affecting access, help you develop and pursue a negotiating strategy, communicate with the seller's counsel on your behalf, and draft and negotiate the purchase agreement and related conveyancing documents through closing. Our particular focus will be securing legally sufficient, permanent access to the parcel. This engagement does not include litigation; if a dispute arises that cannot be resolved in the transaction, we will discuss a separate engagement.

Fees. Our fees for this matter are charged on an hourly basis. The rate for Amara Ellingboe is $250 per hour and for Marcus Ravndal is $225 per hour. Paralegal time, when used, is billed at $120 per hour. We record time in tenth-of-an-hour increments and will bill you periodically. You are also responsible for out-of-pocket expenses such as recording fees, title charges, and survey costs.

Billing and payment. We will send you itemized statements describing the work performed. Statements are due on receipt. Because this is an hourly matter, no advance retainer is required; we appreciate prompt payment so we can keep the deal moving on your timeline.

Client responsibilities. You agree to keep us informed of developments, to provide documents and information promptly, and to make the business decisions that are yours to make — including the price you are willing to pay and the risks you are willing to accept — with our advice.

Conflicts. We have checked for conflicts and are not aware of any that would prevent our representing you. The neighboring owner, Mr. Delahaye, is not our client.

If these terms are acceptable, please sign below and return a copy. We are glad to be working with you.

Sincerely,

Amara Ellingboe Ellingboe & Ravndal LLP

Agreed and accepted: ____________________________ Date: __________ Talbot Meskin

BUSINESS EXHIBIT · INTAKE & CONFLICTS

Intake (2026-02-16). Represent buyer/developer in the purchase of 4400 Kestrel Point on Lake Verdant; central issue is whether access over a neighbor's gravel lane is a recorded easement or a revocable license. Negotiate and paper a purchase agreement that secures permanent access.

Conflicts check (2026-02-17) — CLEAR. No current or former representation of the seller Renard, the neighbor Delahaye, or the City. Delahaye is an adverse but unrepresented adjoining owner; no conflict. Cleared by both partners.

BUSINESS EXHIBIT · BILLING STATEMENT (11 TIME ENTRIES)

BUSINESS EXHIBIT · INVOICES