Stephen and Jane Riffle successfully claimed a prescriptive easement over a small triangular portion of land owned by neighbors S. David Smith and E. Anne Hayes, which the Riffles had used for parking and access for over 20 years.
Key Points:
- The Riffles and their predecessors used the disputed area continuously, openly, and notoriously since the early 1950s.
- A 1997 survey revealed that the land was actually owned by Smith and Hayes’s predecessor.
- After failed negotiations to purchase the land, Smith and Hayes erected a fence in 2011 to block the Riffles’ use, prompting the lawsuit.
- The trial court found the Riffles had satisfied all elements of a prescriptive easement:
- Continuous use for at least 20 years;
- Adverse use under a claim of right;
- With the owner’s knowledge and acquiescence (or such visible use that acquiescence is presumed).
On Appeal:
Smith and Hayes argued that a “friendly-neighbor” exception should apply, negating the presumption of adversity. The Maine Supreme Judicial Court declined to adopt such an exception, because the trial court found no evidence of a friendly-neighbor relationship between the parties or their predecessors.
Holding:
Judgment affirmed. The court upheld the prescriptive easement and rejected the proposed expansion of Maine law to include a friendly-neighbor exception.
Summary by ChatGPT