“Beverly A. Gravison, David B. Gravison, Darlene F. Edwards, Lewis M. Edwards and the Arthur Titcomb Living Trust own parcels of land on or near the southern end of Rockland Harbor in Owls Head in a neighborhood that has now been the subject of significant litigation. The Gravisons jointly own a parcel; the Titcomb Trust owns a parcel; and the Edwardses own several contiguous parcels. In this action, they seek declaratory relief establishing that the other parties in this case do not have rights or privileges to use their land, except for those undisputed rights established under Maine common law for others to use privately owned intertidal area as allowed by McGarvey v. Whittredge , 2011 ME 97, 28 A.3d 620.
The respondents to these claims, Calvert M. Fisher, Wendy B. Fisher, David A. Massimi, Theresa M. Massimi, Kenneth C. Roy, Barbara J. Watrous, Nancy Ellen Wolff Bolan, Douglas E. Johnson, Leah Johnson, Anne Long, Jean Perkins, Mary-Lou Moulton, Nina Paul and Michele E. Lawrence, own land in the area near the parcels owned by the Gravisons, the Trust and the Edwardses. Their responsive claims include assertions of both deeded and prescriptive easements to use a way that they claim exists over the latter parties’ land; and deeded and prescriptive easements to use the beach associated with that land. The Gravisons have also seek to reform a deed in their chain of title so that their land would now include the intertidal area abutting their parcel that is not encompassed by the record title description, and the Edwardses have asserted a claim to reform a deed in their chain of title to eliminate a reference to the O.H. Tripp survey plan.