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Davis v. Bruk

Supreme Judicial Court of Maine
411 A.2d 660 (1980)


The Davises (plaintiffs) own a parcel of real estate in Georgetown, Maine. They hold a right of way across a neighboring parcel owned by Bruk (defendant), allowing them to access both the seashore and the public road. The easement has been located in the same place since 1896, and there is no evidence that the grant of the easement included any language giving the owner of Bruk’s parcel the power to relocate the easement. The Davises filed for an injunction, asking for judicial permission to pave the right of way because it was being gradually washed away by water flowing across it. Bruk in turn moved for an injunction asking for judicial permission to construct a new right of way, on the ground that the existing right of way ran too close to her house. Bruk offered to cover the costs of the new right of way, which would not create an unreasonable burden on the Davises. The trial court denied the Davises’ requested injunction and granted Bruk’s. The Davises appealed.

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Holding and Reasoning (Dufresne, J.)

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