O’Connell v. Larkin, 532 A2D 1039

“Plaintiffs James and Carol O’Connell and defendant
Stanley Larkin own adjoining properties in Bar Harbor,
and at issue here are their respective rights in a
triangular-shaped space on Larkin’s land located between
Larkin’s house and a driveway now owned by the
O’Connells and conveyed by the common predecessor in
title. The O’Connells’ driveway extends from a public
street along and adjacent to Larkin’s land to the
O’Connells’ rental units located toward the back of their
lot. The O’Connells contend and the Superior Court,
Hancock County, held that an easement over some part of
Larkin’s triangular-shaped parking area was created in
their favor by implication in 1963.

Larkin appeals from that judgment, which declared
that the O’Connells enjoyed an implied easement over
that triangular-shaped portion of the defendant’s lot and
enjoined Larkin from interfering with the O’Connells’ use
of the easement. Larkin contends on appeal that in 1963,
when the parties’ common predecessor in title severed
what is now the O’Connells’ property from what is now
Larkin’s, no access rights benefiting the plaintiffs’ parcel
were created, other than the nineteen-foot wide driveway
expressly conveyed to the O’Connells’ predecessor. We
agree with Larkin and vacate the judgment.”

O’Connell v Larkin, 532A2D1039