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Maine Roads And Easements, Knud E. Hermansen, Donald R. Richards
Maine Roads And Easements, Knud E. Hermansen, Donald R. Richards
Maine Law Review
Black's Law Dictionary defines an easement as a right of use over the property of another. An easement is a right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right in the owner. It is an interest that one person has in the land of another. A primary characteristic of an easement, that its burden falls upon the possessor of the land from which it issued, is expressed in the statement that the land constitutes a servient estate or …
O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, Michael J. Polak
O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, Michael J. Polak
Maine Law Review
In O'Donovan v. McIntosh, a real estate developer, Timothy O'Donovan, brought an action seeking, in part, a declaratory judgment concerning the transferability of an easement that he purchased from the defendant, John A. McIntosh, Jr. O'Donovan and McIntosh subsequently filed a joint motion for partial summary judgment to obtain a ruling that would affirm the assignability of the easement in question. Susan Huggins, the owner of the servient estate upon which the easement in question imposed, objected to this motion as a third party defendant. She filed a cross-motion for summary judgment maintaining that the easement in question was not …