Case Note: Scope of Implied Quasi-Easement

The Maine Supreme Court recently issued an opinion on a case concerning the scope of an implied quasi-easement.  The case concerned the rights of a landowner to expand the use of a right-of-way that they use to cross railroad tracks.

Because there was no written easement in the deeds, the landowner first had to show a history of use to prove there was a right-of-way.  While the court found that there was a history of transporting farm equipment and supplies, the court limited the right-of-way easement to just that usage.  The landowner had wanted to extend power lines across the railroad as part of a development plan, but the court ruled that the landowner could not expand the right-of-way beyond its use as a “farm crossing.”

The case is Connolly v. Central Maine Railroad Co. If you have questions about your easement rights, feel free to contact me.