Great Cove Boat Club v. Bureau of Public Lands

672 A.2d 91, 1996 Me. LEXIS 44
CourtSupreme Judicial Court of Maine
DecidedFebruary 21, 1996
StatusPublished
Cited by28 cases

This text of 672 A.2d 91 (Great Cove Boat Club v. Bureau of Public Lands) 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
Great Cove Boat Club v. Bureau of Public Lands, 672 A.2d 91, 1996 Me. LEXIS 44 (Me. 1996).

Opinions

RUDMAN, Justice.

The Bureau of Public Lands (the Bureau) appeals from a summary judgment entered in the Superior Court (York County, Fritzsche, J.) granting its motion for a summary judgment in a quiet title action brought by the Great Cove Boat Club (Great Cove).1 The Bureau contends that the Superior Court erred in finding that the statutorily created constructive easement on submerged lands has not been extinguished by Great Cove’s predecessor-in-interest’s entry into a thirty-year lease with the Bureau for the same lands. On cross-appeal from the denial of its motion for a summary judgment Great Cove contends that while the Superior Court correctly found that the easement continued to exist, it erroneously held that the interest in the easement had not been transferred to Great Cove. We modify the judgment and affirm.

This case arises from a dispute over the rental payments owed by Great Cove for the use of submerged land owned by the State and managed by the Bureau. In 1947 Harris Spinney conveyed the parcel of land now owned by Great Cove to Gerald and Frances Berounsky. From approximately 1955 until April 1987 the Berounsky family operated Jerry’s Marina, consisting of moorings and docks, in the Piscataqua River adjacent to the family’s upland property. While the Ber-ounskys still owned the docks and the upland property, the Legislature enacted a bill creating the Bureau of Public Lands. P.L.1975 c. 339 codified at 12 M.R.S.A. §§ 551-560 (1994).

Included within the Bureau’s responsibilities is management of Maine’s submerged lands. 12 M.R.S.A. § 552 (1995). The statute allows the Bureau, through its director, to lease or grant easements on the submerged land. In particular 12 M.R.S.A. § 558-A(6) (1995) provides:

6. Constructive Easements. The owners of all structures actually upon submerged and intertidal lands on October 1, 1975, shall be deemed to have been granted a constructive easement for a term of 30 years on the submerged land directly underlying the structure.

[93]*93Pursuant to this provision’s predecessor2 the owners of Jerry’s Marina, as owners on October 1, 1975, of structures located on submerged land, were granted a constructive easement to those submerged lands.

By deed dated April 14, 1987, the owners of Jerry’s Marina conveyed their real property to Atlantic Harbors, Inc. (AHI), along with “all piers, wharfs, floats and moorings on [the] adjacent submerged lands.” On April 17,1987, AHI entered into a thirty-year lease with the Bureau of the submerged land formerly used by Jerry’s Marina and covered by the statutorily created constructive easement. The leased premises included an additional area to allow for expansion of the marina. Following the signing of the lease, AHI conveyed its interest in the upland and intertidal lands to the Portsmouth Harbor Association, which is now known as the Great Cove Boat Club.

Great Cove paid the Bureau the rent specified in the lease until 1990. When, in accordance with the lease, the Bureau increased Great Cove’s rent substantially, Great Cove refused to pay and, for the first time, contended it was not required to pay rent because of the existence of the statutorily created constructive easement on the land formerly used by Jerry’s Marina. The parties’ efforts to resolve the rent dispute failed. The Bureau declared a default pursuant to the lease, terminated it, and served notice on Great Cove to quit. Great Cove commenced an action to establish its easement rights over the submerged land.

After completion of discovery, both parties moved for a summary judgment. The court held that the Berounskys had transferred their interest in the statutorily created constructive easement to AHI and, because the lease contained no express release of the constructive easement, that AHI’s entry into the lease did not extinguish the easement. The court found, however, that while the constructive easement had not been extinguished, AHI had not transferred the easement to Great Cove. The court therefore granted the Bureau’s motion for a summary judgment. The Bureau’s appeal and Great Cove’s cross-appeal followed.

I.

Mootness

Great Cove, in a separate motion, contends that a recent legislative enactment entitled “An Act to Clarify the Municipal Bounds of the Town of Eliot”3 renders the Bureau’s appeal moot because it transfers the disputed submerged lands from the State to the Town of Eliot and therefore the Bureau no longer has the necessary interest in the litigation. We disagree.

The same rules of construction that apply to other legislative enactments apply to [94]*94public grants and resolves of incorporation. Sutherland, Statutory Construction § 68.01 (5th Ed.1992). Thus, “[i]f the meaning of a statute is clear and the result achieved by that meaning is not illogical or absurd, there is no reason to look beyond its words.” Phelps v. President and Trustees of Colby College, 595 A.2d 403, 405 (Me.1991) (citations omitted). Furthermore, we strictly construe such grants against the grantee and in favor of the State and limit the effect of the statute to its terms. See State v. Central Maine Power Co., 640 A.2d 1067, 1071 (Me. 1994). While we have recognized the Legislature’s ability to grant title to submerged lands, we have required that the legislative grant must contain “words of grant, release, or confirmation or clearly expressed intent to make a conveyance of title at that time.” Boothbay Harbor Condominiums v. Department of Transp., 382 A.2d 848, 855 (Me.1978).

The recent enactment clarifying Eliot’s town boundaries is devoid of any operative words of grant. See 3 Tiffiny, The Law of Real Property § 971 (1939) (discussing and giving examples of operative words signifying a present intent to pass an interest in land). Rather, as indicated by the Act’s title, it merely clarifies Eliot’s municipal bounds and places within Eliot’s municipal jurisdiction the submerged lands in dispute. The legislative enactment did not transfer title of the disputed submerged lands to Eliot and does not render the present appeal moot.

II.

Release of the Statutorily Created Constructive Easement

The Bureau contends that the court erred in holding that because the lease entered into by the State and AHI did not explicitly terminate the statutorily created constructive easement it did not operate to extinguish the easement. We agree with the Bureau that AHI through its actions released the easement and the easement thereby was extinguished.

At the outset we note, without expressing any opinion on the correctness of this concession, that the Bureau concedes that section 588-A creates an easement appurtenant. We accept this concession for purposes of deciding this appeal. An easement appurtenant is a non-possessory interest in the owner of one parcel of land, by reason of such ownership, to use the land of another for a specific purpose. Davis v. Briggs, 117 Me. 536, 538, 105 A. 128 (1918).

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Bluebook (online)
672 A.2d 91, 1996 Me. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-cove-boat-club-v-bureau-of-public-lands-me-1996.