Legal Opinion

Stephen W. Riffle v. S. David Smith

Supreme Judicial Court of Maine

Decided February 11, 2014No. Docket Yor-13-82Published

1Per curiam

[¶ 1] S. David Smith and E. Anne Hayes appeal from a judgment of the Superior Court (York County, O’Neil, J.) awarding Stephen W. and Jane F. Riffle a prescriptive easement over a small triangular section of Smith and Hayes’s property for purposes of parking on it and accessing other parts of the Riffles’ parking area. Among other arguments, Smith and Hayes contend that we should adopt a “friendly-neighbor” exception to the presumption of adversity that arises when property is used continuously for at least twenty years “with the owner’s knowledge and acquiescence, or with a use so open,…

2Cases cited6 opinions

  1. Blackmer v. WilliamsSupreme Judicial Court of Maine · 1981
  2. Eaton v. Town of WellsSupreme Judicial Court of Maine · 2000
  3. Lyons v. Baptist School of Christian TrainingSupreme Judicial Court of Maine · 2002
  4. Dionne v. LeClercSupreme Judicial Court of Maine · 2006
  5. Androkites v. WhiteSupreme Judicial Court of Maine · 2010

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