Appeal of Robert Michele
Annotate this CasePetitioners Robert and Katherine Michele, trustees of the Robert C. Michele Revocable Trust (Micheles), appealed a Wetlands Council decision to uphold a decision of the New Hampshire Department of Environmental Services (DES) to issue a permit allowing respondents Joseph and Linda Bremner to install a seasonal dock in water adjacent to the Micheles’ pond-front property over which the Bremners had an easement. The Supreme Court affirmed. "Contrary to the Micheles’ argument that the legislature could not have intended easement holders to be able to apply for a permit under the statute, we see no evidence that the purpose of the statute was to change the balance of property rights between fee owners and easement holders from what it was under the common law. [. . .] possession is not a requirement of an 'ownership' interest in land. [. . .] when there is an express grant of an easement, 'a grantee takes by implication whatever rights are reasonably necessary to enable it to enjoy the easement beneficially. This includes the right to make improvements that are reasonably necessary to enjoy the easement.'"
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