Connolly v. Maine Central R.R. Co.
Annotate this CasePlaintiffs, two individuals, purchased a parcel of land bisected by a railroad track. Maine Central Railroad Company denied Plaintiffs' request to install utility lines across the railroad track for residential access. Plaintiffs brought a declaratory judgment action, requesting that the court declare a perpetual right-of-way appurtenant to their property over the property of Maine Central. After the case was remanded, the superior court found that an implied quasi-easement existed over the Railroad's land but concluded that (1) the quasi-easement's use was limited to its historical use as a farm crossing, and (2) therefore, the scope of the easement did not include the right to install utility services or use as residential access. The Supreme Court affirmed, holding that the superior court correctly determined the scope of Plaintiffs' implied quasi-easement by limiting it to its originally-intended purposes.
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