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Tripp v. Huff

Supreme Judicial Court of Maine
606 A.2d 792 (1992)


Facts

David Tripp (plaintiff) owned a 20-acre parcel of land separated from the road by another 20-acre parcel of land. Kenneth Huff and the Barlows (defendants) owned the parcel of land separating Tripp’s land from the road. This situation arose because in 1833, one landowner owned both properties as one parcel. That landowner divided the property in half, then conveyed one half each to Nicholas and Jeremiah Hearne. When Nicholas Hearne sold his parcel to Tripp’s predecessor in title, the deed reserved “a way for Jeremiah Hearne and his assigns to his lot,” meaning that Jeremiah would still be able to access his lot. Tripp brought an action against the current owners of Jeremiah’s parcel, asserting a right to an express easement based on the language in his predecessor’s deed. The parties stipulated that Jeremiah was a “stranger to the deed” that contained the reserved easement. The trial court ruled that Tripp had no right of way over the defendants’ land. Tripp appealed.

Rule of Law

Issue

Holding and Reasoning (Collins, J.)

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