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Property Keyed to French
55 Oak Street LLC v. RDR Enterprises, Inc. Annotate this Case
Citation:
2022 ME 28, 275 A.3d 316 (Me. 2022)Facts
The properties at issue are located in Boothbay Harbor, Maine, and were originally part of an 1891 subdivision plan that included a paper street called “Perkins Street.” 55 Oak Street LLC owns property at 55 Oak Street, while RDR Enterprises owns adjacent property at 45 Oak Street. The disputed area is a driveway on 55 Oak Street’s property that RDR had been using for decades to access its property. RDR claimed it had established a prescriptive easement through continuous use since at least the 1950s. 55 Oak Street argued that RDR’s use was permissive rather than adverse, and that the paper street designation affected the analysis of whether the use was truly adverse.
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