LeMay v. Anderson

Pursuant to the Uniform Declaratory Judgments Act, 14 M.R.S.A. §§ 5951-5963, [1] the plaintiffs (husband and wife) sought in Superior Court a declaration of their right to utilize a road over property of the defendants (husband and wife) as the only means of access to their property on Unity Pond (also known as Lake Winnecook). They also sought injunctive relief.

Following a non-jury trial the single justice found that an easement was created by implication in 1961. On the basis of that servitude the justice entered a “Declaratory Judgment that plaintiffs have a right to use the right of way over defendants’ land to gain access to their property and the Defendants are ENJOINED from interfering with this use.” From that judgment the defendants timely appealed.

We deny the appeal.


Lemay 397A2D984