Bowers v . Andrews

“After Helen D. Andrews, pursuant to 14 M.R.S.A. § 812 (1980), served notice to prevent acquisition of a prescriptive easement to use the sewer pipe running across her land, Ronald and Gail Bowers obtained a declaratory judgment in the Superior Court (Androscoggin County; Alexander, J.) that they already have an easement by implication to use the pipe. Andrews appeals. Although until today we have not expressly overruled earlier cases declaring strict necessity to be a prerequisite to the creation of an easement by implication, our more recent cases have come into line with the majority rule in American property law that strict necessity is not required when the grantor’s intent is proven by alternative means. We are persuaded that the majority view is the correct one, and we affirm the judgment.”