Edwards v. Blackman
Annotate this CaseThe Scotts joined owned inland property located in the Town of Owls Head. The Edwardses jointly owned waterfront property near the Scotts’ property. A way extended across the Edwardses’ property, terminating in a cul-de-sac that was located partly on the Edwardses’ property. In 2011, the Edwardses sued the Scotts and the the Town seeking a declaratory judgment that the Scotts had no right to use and the Town had no interest in Plaintiffs’ property. The superior court concluded (1) a 1986 dedication and its acceptance by the Town created a public easement that extended over the way and cul-de-sac located on the Edwardses’ land; and (2) a 1924 conveyance created an easement over the beach located on the Edwardses’ property that benefitted the Scotts’ property. The Supreme Judicial Court affirmed, holding that the superior court (1) did not err in finding that the Edwardses’ predecessor intended to create a public easement over the way and cul-de-sac; and (2) did not err in concluding that the dedication petition sufficiently described the property.
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