Mabee v. Nordic Aquafarms, Inc.
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The Supreme Judicial Court vacated the judgment entered by the superior court determining ownership and land use rights in intertidal land bordering Penobscot Bay, holding that the disputed land belonged to Jeffrey Mabee and Judith Grace under the plain language of the relevant deeds.
Nordic Aquafarms Inc. negotiated an agreement with Richard and Janet Eckrote to bury industrial pipes in the intertidal land located between the Eckrotes' upland property and Penobscot Bay. During the ensuing trial, the City bought the Eckrotes' property and was granted intervenor status. Mabee and Grace jointly owned property near the Eckrotes' property and claimed that they owned not only the intertidal land abutting their own upland property but also the intertidal land abutting the upland properties of the Eckrotes. The superior court concluded that Mabee and Grace failed to establish title to the intertidal land abutting the Eckrotes' upland properties. The Supreme Judicial Court vacated the judgment, holding (1) the governing deed conveying land did not include the intertidal land that was eventually conveyed to Mabee and Grace; and (2) Mabee and Grace held an enforceable servitude over the Eckrotes' upland.
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