Rudman Winchell Attorney Tim Pease Presents Two cases to the Maine Supreme Court

By Rudman Winchell Attorney

On Friday June 15, 2012 Rudman Winchell attorney Timothy A. Pease presented oral arguments on two cases to the Maine Supreme Court, also known as the Maine Law Court. The Law Court travels throughout the state and heard arguments on this day in Bangor.

Tim’s first argument involved Oak Leaf Realty, Inc. (OLR) and an appeal of a summary judgment entered by the Superior Court on its complaint against the Maine Department of Transportation (DOT) asserting that OLR owns a former Maine Central Railroad right-of-way running through its property in Hancock in fee simple, unburdened by any easement.

The court declared that DOT’s predecessor-in-title acquired the fee by virtue of a series of deeds given between 1897 and 1898, and therefore DOT now owns the right-of-way in fee simple.
OLR also contends that the court erred in declaring that a covenant in two of the deeds requiring DOT’s predecessor-in-title to build and maintain a fence along the right-of-way had been extinguished by virtue of a release deed given to Maine Central in 1929.

The second case involves Dale Henderson Logging, Inc. (DHL), and an appeal from a summary judgment entered by the Superior Court on its complaint against the Maine Department of Transportation (DOT) asserting that DHL owns a former Maine Central Railroad right-of-way running through its property in Steuben in fee simple, unburdened by any easement.

The court declared that although DHL owns the fee, an easement acquired by DOT from Maine Central was not abandoned, and therefore remains viable.

DOT contends that its predecessor-in-title acquired the fee by deed in 1898, and therefore the court erred in finding that DHL owns any interest in the disputed right-of-way.

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