Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-10-22


erected the structure is mentioned il
the lease to J. Warren Brown only az
boundary of the demised lot, but the
plaintiffs rely on the legal status OF
the fifteen foot strips of land in re-
ference to the holders of the % foot
lots who acquired title after the AS
sociation had plotted land, showing
upon a plan the small lots marked
thereon "15x6O' designated in the
leases vacant lots and mentioned in
the records of the Association
spaces" and they claim that they
have an easement in this lot as APP
purtenant to lot No 305
There is evidence showing that the
tire asurer of the Association told the
agent Of J. Warren Brown when his
| lease was negotiated that the fifteen
foot spaces We're reserved for the pur-
| NrSc Of giving the lesseeS AMI
occupants of the 25 foot lots the bene-
fit of light. air and passage to the rear
"f their building
m easement is created by Cd eX-
3ro,s or implied grant, CD reservation
or exception in the deed of conveyance
- prescription, G4 statutory pro-
! crct,ings, 60 estoppel.
There may be eliminated from the
, controversy any easement created by
, express grant. as the description in
the lease limits by fixed and defint"
rlctcs and bounds the demis"d
promises, easements by reservation
al;. exception which are created only
in favor OF %rantors, easements by
prescription because the plaintiffs
predecessor in occupancy held the land
under y lease from the Association
and there has been no reputation oil
the tenancy. also any easement by
force of statutory proceedings in tn
lit in controversy.
The real questions in issu" arc
whether j. War."n Prown by his les
~ lot so. BOB acquired any proprietary
rights in the adjacent lot by % in
piled grant. CT CD by CStOrpti aga ms
III" association and its successors il
title. and CD whether the plaintiffs
acquired any title under the perpetual
lease given to j. Warren Brown as his
widely and heirs.
An implied grant of an easement in
favor of grantee arises from circum-
stances which at the time of the con-
land constituting both the dominant
and servient estates. There are two
classes. ono quasi easements. which
are existing conditions in the land re-
tanned the continuance of which would
be so clearly beneficial to the land con-
veycd that they would be presumed tc
be intended. These easements are
such as are apparent in the sense OF
being indicated by objects which are
neces sarily seen or would be ordinarily
observable by persons familiar with
the premises. No such conditions
affecting the lot in question We're APP
parent when the lease of lot No. 300
was given to J. Warren Brown, nor
was any easement by necessity i'm
piled from the conditions and mode OF
The use of the land. The other class
of easements by implied grant is
where the grantor's conveyance de-
scribng the land as bounded by street
passagcway or existing park which at
the time belonged to the grantor has
the effect of vcsting an easement of
right Of way or of light and air in the
grantee by estoppel. But in this case
the intention of the parties to impose
| on the adjacent Is foot lot the burden
claimed by the plaintiffs is not shown
by the description in the lease nor by
any marks upon the plan, and the
language being definite and not
ambiguous cannot be modified by parol
evidence
But the plaintiffs seem to rely upon
the contention that the Association
dedicated to the~publc not only Bay
View Park but the several lots marked
on their plan "15x60.'
BY the decision in Campmeeting AS
ISOLATION VS.. Andrews 104 Maine. SAP
the lot of land in Northport known as
Bay View Park. the same designated
on the plan referred to in the lease to
J. Warren Brown. has been ad-
Indicated as dedicated by the Associa-
ton to the public as a park. and the
plaintiffs claim that the vacant lots
marked on the plan "15X60" We're by
the same acts of the Association under
the same rule of law as applied to the
park. dedicated to the public use FOR
the purposes alleged in their writ. but
the acts Of the Association which were
held to prove a dedication of the park
are distinguishable from any which
apply to the vacant lots. The vacant