The Republican journal., 1909-10-28
Decision in a korthport Case
r.. Law Court Finds for the Defendant
in the Case of Ruth F. Brown, ct ais,
O., Charles o. Dickey.

i, Charles 0. Dickey.
he law court Thursday handed down
-sscript in the Waldo county case of
h F. Brown, ct ais, versus Charles
hickey, giving judgment for the de-
dant.
he rescript, drawn by Associate JUS
Henry C. Peabody of Portland, is as
.uth F. Brown, ct ais. VS.. Charles O.
sty.
script, Peabody, j.
.cuon on the case to recover damages
5struction of easement in lot ada
{ to house and lot possessed by the
rtffs in Northport, Me-, 'for the
pose of light, air, view, passing over
same, preventing the erection of
r. buildings within at least Is feet of
louise aforesaid, and for any other
pose or purposes which might en-
the value of their said house and
and render it more desirable and en-
a-.e as summer house"
case is on report.
plaintiffs are the widow and heirs
Warren Brown, who died intestate
80 +hro,,oh whom +ba;r +i+lo ie DO
IN Anril 10 1850 Hiram Pnr
+raasnrar If tho Nortbno W.
Erovn Camnmaeting assoc;a+;on
"a SAID 7 Warran Rrow-n bic s1c'
IS and assigns, lease in perpetuam
No. 303 as per the plan of land of
soeiation made by R. 5. Miller.
- mot recorded NV '''N'N' - 81
Man was of MARCEL of land mr.
nv rbe association for ~, add;tiop
.7mngrol1nd m which was daIina-
Ter of lots containinp tha strin If
controversy CONSISTING of lots al
-.,v u and * feet in Tidtb INV "a
moth and marked on sad Nan
loot lots by numbers and The X,
is bv the size .15x60 !" resnec-
and park marked "Bav view
on which the lots fronted.
defendant admits the erection of
mig by him on a portion of the H.
ot adjacent to lot No, 3O3 but
that he has title thereto in fee
a warranty deed of Isaac H. W
r. dated july 10. 1905. whose title
lnder a warranty deed of the asso-
dated September IA, 1904, which
5 were duly recorded.
lot on which the defendant erected
s-ructure is mentioned in the lease
Warren Brown only as a boundary
demised lot, but the plaintiffs RELY
legal status of the l5-foot strips
in reference to the holders of the
u lots who acquired title after the
iation had plotted land, showing
a plan the small lots marked there
5X60. designated in the leases Eva
Its" and mentioned in the records
The association as Spaces and they
that they have an easement in this
appurtenant to lot No. 303.
re is evidence showing that the
lrer of the association told the
, Of J. Warren Brown when his
was negotiated that the l5-foot
were reserved for the purpose of
the lessees and occupants of the
1t lots the benefit of LIGHT air and
re to the rear of their buildings.
. easement is created bv N EXPRESS
uplied grant. (2) reservation or ex-
ION in the deed of CONVEYANCE ~
.ription. "a statutory proceedings
stoppel
re NAV he eliminated from tba rom
.rsv anv easement created hv az.
Grant as the descrintion in tbe
r limits bv fixed and definite metes
aounds the demised premises ease-
: bv reservation and excention
h are created only in favor of Grant
easements bv PRESCRIPTION because
Plaintiffs predecessor in OCCUPANCY
the land under a lease from the
alton. and there has been no repu-
m of the tenancy also. any easa-
. bv force of statutory proceedings
g lot in controversy.
real questions in issue are whether
srren Brown bv his lease of LOT No
.rouired anv proprietorv RIGHTS in
accent lot by al implied grant or
~ estoppel against the association
: successors in title, and whether
iaintiffs acquired any title under the
tual lease given to J. Warren
d as his widow and heirs.
implied grant of an easement in
of grantee arises from circum-
IS where at the time of the convey
the grantor was the owner of land
ruting both the dominant and
Mt estates. There are two classes.
3uasi easements, which are existing
lions in the land retained. the con.
ance of which would be so clearly
cial to the land conveyed that they
be presumed to be intended
-e easements are such as are appar-
.a the sense of being indicated bv OBJ
s which are necessarily seen or would
sdinarilv observable bv persons "a
with the premises No such con-
rs affecting the lot in question were
rent when the lease of lot No. 1903
glven to ]. Warren Brown. nor was
asement bv necessity implied from
Conditions and mode of the use Of
and, The other class of easements