“Plaintiffs and counterclaim defendants Darlene F. Edwards and Lewis M. Edwards jointly own contiguous parcels of waterfront land in Owls Head. A way passes over their land and ends in a cul-de-sac that is partly on their land and partly on the land of the abutting landowner, the Arthur Titcomb Living Trust. The way is either part of or an extension of the Cooper’s Beach Road (an issue in dispute here).
The individual defendants and counterclaim plaintiffs have ownership interests in various parcels of land located near the Edwardses’ property. Cynthia S. Blackman and her brother, Eliot A. Scott, jointly own land located at 15 Water’s Edge Lane in Owls Head; Blackman also owns land located at 24 Montgomery Lane; and Blackman, Eliot Scott and their parents, Nathalie M. Scott and Willis A. Scott, Jr., jointly own land located at 34 Cooper’s Beach Road.
The claims in this action center on the question of whether persons other than the Edwardses have the light to use the Edwardses’ land. The Edwardses contend that no such rights exist, except for certain common law rights held by the public to use the intertidal zone, which the Edwardses have not contested in this action. The Town of Owls Head contests the Edwardses’ claim that it did not acquire rights to the way located on their property by dedication and acceptance, and the Town contests the Edwardses’ claim that the Town has not acquired a public easement over the way. The individual defendants contend that they have rights to use the way over the Edwardses’ property and the beach located 011 their property by virtue of public and private prescriptive easement rights appurtenant and in gross, and also by deed.