Express Easement Versus Prescriptive Path
In 1998, Alma purchased Lot 12 in a Maine lakefront subdivision. Ben owns neighboring Lot 11. Ben's deed grants 'a right of way 12 feet wide from Lot 11 to the shore across Lot 12, along the existing path.' The recorded path runs along the north edge of Lot 12 for 200 feet. From 1998 to 2005, Ben used a different path that crosses the south edge of Lot 12 and is 20 feet wide; he cleared brush, built a gravel base, and parked boats there each summer. In 2005 Alma sold Lot 12 to Cara, who inspected the property and saw Ben's gravel path, boats, and a 'keep out' sign Ben had posted at the path's entrance. Cara did not object. Ben continued using the south path openly every summer until 2024, when Cara blocked it with boulders. Ben sues to quiet title. Maine's adverse possession period is 20 years. Cara argues Ben's use was permissive because the deed granted an easement and because Ben never paid taxes on the path.
1. Does Ben have an express easement over the south path? Analyze the deed description and intent.
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Ben's express easement is defined by the deed. The deed grants a 12-foot right of way 'along the existing path' from Lot 11 to the shore across Lot 12. If the existing path at the time of the grant was the north-edge path shown on the recorded subdivision plan, the express easement is over that north path, not the south path. The deed's reference to an existing path can be explained by extrinsic evidence if the description is ambiguous, but a court will not use extrinsic evidence to contradict a clear recorded location. Ben's later use of a different south path does not rewrite the deed. Alma's knowledge of that use might support prescription, but it does not expand the express easement. Therefore Ben probably does not have an express easement over the south path unless he can prove the 'existing path' meant the south path at the time of the 1998 conveyance. The recorded path location makes that unlikely.
2. Has Ben acquired a prescriptive easement over the south path?
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Ben has a strong prescriptive-easement claim. Maine requires 20 years of continuous, open, notorious, and adverse use. Ben used the south path every summer from 1998 to 2024, cleared brush, built a gravel base, parked boats, and posted a sign. That is open and notorious. The use continued across Alma's 2005 sale to Cara; Ben did not need tacking because he himself used the path for the entire 26-year period against successive owners. Cara had actual knowledge from her 2005 inspection. The harder issue is adversity. A use under a deed easement can be permissive as to the easement's true location, but Ben's south-path use was outside the 12-foot north path, so it was not authorized by the deed. His belief that he had a right does not make the use permissive; Maine treats use under a claim of right as adverse. Cara's 'keep out' sign actually shows Ben was asserting control. Ben does not need to pay taxes to acquire an easement by prescription. The court should find a prescriptive easement unless Cara proves permission.
3. What is the scope of any prescriptive easement, and may Cara block the boats?
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The scope of the prescriptive easement is fixed by the use during the 20-year period, not by the deed's 12-foot width. Ben used a 20-foot-wide south path, cleared and graveled it, and parked boats there each summer. A prescriptive easement can include those incidental uses if they are consistent with the historical use and not an unreasonable expansion. Cara may not block the path with boulders. She may use the servient estate in ways that do not unreasonably interfere, and she can require Ben to maintain the path if maintenance is part of the burden. Ben cannot widen the path beyond 20 feet or begin new uses such as building a dock. If the court instead finds only an express easement, the scope would be 12 feet along the north path, and Ben's south-path use would not be protected. The judgment should quiet title to a 20-foot prescriptive easement over the south path for access and boat parking.