Maine Court Upholds Public and Private Beach Rights in Coastal Road Dispute

In Edwards v. Blackman, the Maine Superior Court settled a long-standing dispute over access to a road and beach in the Cooper’s Beach neighborhood of Owls Head. The case involved waterfront landowners, Darlene and Lewis Edwards, who sought to block neighbors and the Town from using a road and beach area on their property. The decision has important implications for public easements and private beach rights in Maine’s coastal subdivisions.

Key Takeaways:

1. Road is a Public Easement

The court ruled that the road running across the Edwardses’ land is a public easement road. This resulted from a 1986 town meeting vote where residents—including the Edwardses’ predecessor—formally dedicated “Cooper’s Beach Road” to public use, and the Town accepted. Despite arguments that the road was not clearly described or that the claim was too late to challenge, the court held the Town had validly accepted the dedication.

2. Neighbors Have Record Beach Rights

The neighbors (the Blackman and Scott families) proved they had deeded rights to use the beach—specifically the intertidal zone—for boating and bathing. These rights originated in a 1924 deed that granted access to “the beach” as part of a subdivision plan. Although later deeds didn’t repeat that language, the court found the rights ran with the land and remained valid.

3. No Prescriptive Easements Over Beach

The court rejected the neighbors’ claims to broader prescriptive rights based on longtime beach use. It found the use was “permissive,” not “adverse,” due to the close-knit, friendly nature of the community. Under Maine law, social, recreational use of unposted coastal property does not establish a prescriptive easement.

Why This Matters:

This decision confirms the legal strength of public easement dedications and underscores the importance of subdivision plans and historical deed language. It also clarifies that long-standing neighborhood customs—no matter how familiar—won’t always translate into enforceable property rights.

 

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