Connolly v. Maine Central Railroad

2011 ME 108, 30 A.3d 830, 2011 Me. LEXIS 108
CourtSupreme Judicial Court of Maine
DecidedNovember 8, 2011
StatusPublished
Cited by3 cases

This text of 2011 ME 108 (Connolly v. Maine Central Railroad) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connolly v. Maine Central Railroad, 2011 ME 108, 30 A.3d 830, 2011 Me. LEXIS 108 (Me. 2011).

Opinion

LEVY, J.

[¶ 1] In this appeal, we consider whether use of an implied quasi-easement, historically used as a farm crossing, may be expanded to permit residential access and the installation of utility lines. This issue arises from a judgment of the Superior Court (Penobscot County, Studstmp, J.) that found that an implied quasi-easement exists over the land of Maine Central Railroad Company, but concluded that its use is limited to its historical use as a farm crossing. Frank Connolly and Kathryn McCatherin, who wish to use the easement for residential purposes, appeal from the judgment, arguing that the court erred in limiting the scope of the easement to a farm crossing. Because we conclude that there was no factual or legal error in the court’s determination of the scope of the implied quasi-easement, we affirm the judgment.

I. BACKGROUND

[¶ 2] The facts are not disputed. Sylvester Hewes was the former owner of a parcel of land bordering Hermon Pond in Hermon. By an 1850 deed, Hewes conveyed to the Penobscot & Kennebec Railroad Company, the predecessor of Maine Central Railroad Company, a strip of land measuring six rods wide by about forty-eight rods long, on which a railroad track was later constructed. The strip of land bisected Hewes’s property, leaving approximately two and one-half acres bordering the pond to the south of the track and the remainder of the property to the north of the track. Although the only way to access the southern two and one-half acres by land was to pass over the strip of land conveyed to the Railroad, the deed did not reserve to Hewes the right to cross the conveyed strip of land.

[¶ 3] In 1998, Connolly and McCathe-rin purchased the parcel of land bisected by the railroad track. After deciding to build a home on the southern portion of the property near the pond, they sought a wire permit from Maine Central to install utility lines across the railroad track. Maine Central denied their request. In response, Connolly and McCatherin brought a declaratory judgment action, requesting that the court declare a “permanent free, open and unobstructed perpet[832]*832ual right-of-way appurtenant to [their] property ... over the property of [Maine Central].” They later moved for summary judgment, which the court (Murphy, J.) granted.

[¶ 4] Maine Central appealed from the court’s judgment, and we vacated the summary judgment. Connolly v. Me. Cent. R.R. Co., 2009 ME 43, 969 A.2d 919. We concluded that Hewes’s intent to retain an easement over the property conveyed to Maine Central was not conclusively established in the summary judgment record, and we remanded the case for a trial. Id. ¶ 9. The court (Studstrup, J.) held a jury-waived trial in June 2010, in which it found the following facts, which are supported by record evidence.

[¶ 5] The landscape of the parcel of land currently owned by Connolly and McCatherin suggests that, at the time of the original conveyance, Hewes used his property for farming. If Hewes had not been able to cross the Railroad’s strip of land, it would have been, as the court found, “virtually impossible for him to continue to farm the southern portion of his property.” Hewes did not reserve in his deed to the Railroad an easement over the conveyed strip of land, and the earliest documentary evidence of a crossing over the tracks is a 1916 Maine Central map entitled “Right-of-Way and Track Map,” which identifies a strip of land connecting the northern and southern portions of the parcel as a “farm crossing.”

[¶ 6] A witness, who was born in 1929 and whose family previously owned the lot now owned by Connolly and McCatherin, recalled from her earliest memories that there was a crossing over the railroad tracks on her family’s property. The witness and her family crossed the tracks to swim, row, and skate, among other recreational activities, and to cut hay for use on their dairy farm. The family never developed the southern portion of the parcel.

[¶ 7] Maine Central has known of the railroad crossing since as early as 1916 and has acquiesced in its existence. Maine Central’s track crews have assisted Connolly and McCatherin in improving the crossing and have marked the crossing to alert passing plow trains to raise their blades. Roger Bergeron, an officer of Maine Central, testified that the railroad would have greater liability and responsibility if the use of the easement were changed from a farm crossing to a residential crossing.

[¶ 8] The court determined that Connolly and McCatherin had an implied quasi-easement over Maine Central’s property. After considering the intent of the parties and the circumstances existing at the time of the creation of the easement, the court also determined that the scope of the easement did not include “the right to install utility services or use as residential access.” This appeal followed.

II. DISCUSSION

[¶ 9] The parties agree that the easement historically had been used only for agricultural and recreational purposes. Connolly and McCatherin contend that the scope of an implied quasi-easement should be interpreted broadly and that, despite the historic use of the easement, they should be permitted unrestricted use of the easement because there is no evidence that the original grantor and grantee intended to limit its scope. Maine Central contends that the intent of the original grantor and grantee fixes the scope of the easement to its historic use as a farm crossing. We therefore consider (A) the standard by which a court determines the scope of an implied quasi-easement, and (B) the application of the standard to the circumstances of this case.

[¶ 10] We review a court’s findings of the circumstances surrounding the creation of a quasi-easement for clear er[833]*833ror. See Bowers v. Andrews, 557 A.2d 606, 607 (Me.1989). However, the extent to which those circumstances give rise to a quasi-easement is a question of law that we review de novo. See id.

A. Determining the Scope of an Implied Quasi-Easement

[¶ 11] Connolly and McCatherin contend that the court interpreted the scope of their easement narrowly according to a standard for analyzing vague express easements, see Guild, v. Hinman, 1997 ME 120, ¶ 6, 695 A.2d 1190, that does not apply to implied quasi-easements.

[¶ 12] An implied quasi-easement arises when, at the time of a conveyance, a servient estate is severed from a dominant estate and there exists an apparent and open use over the servient estate that is so obvious and clearly beneficial to the enjoyment of the dominant estate that it is reasonable to infer that the parties to the conveyance intended that the use continue. Northland Realty, LLC v. Crawford, 2008 ME 92, ¶ 13, 953 A.2d 359; McGeechan v. Sherwood, 2000 ME 188, ¶ 57, 760 A.2d 1068; LeMay v. Anderson, 397 A.2d 984, 987-88 (Me.1979). The ultimate inquiry regarding the existence of an implied quasi-easement is the nature of the pre-existing use and whether the parties to the original conveyance intended that use to continue. McGeechan, 2000 ME 188, ¶ 57, 760 A.2d 1068; Robinson v. Me. Cent. R.R. Co., 623 A.2d 626, 627 (Me.1993); LeMay, 397 A.2d at 989.

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Bluebook (online)
2011 ME 108, 30 A.3d 830, 2011 Me. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connolly-v-maine-central-railroad-me-2011.