Legal Opinion

Bowers v. Andrews

Supreme Judicial Court of Maine

Decided April 7, 1989PublishedCited by 12 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

After Helen D. Andrews, pursuant to 14 M.R.S.A. § 812 (1980), served notice to prevent acquisition of a prescriptive easement to use the sewer pipe running across her land, Ronald and Gail Bowers obtained a declaratory judgment in the Superior Court (Androscoggin County; Alexander, J.) that they already have an easement by implication to use the pipe. Andrews appeals. Although until today we have not expressly overruled earlier cases declaring strict necessity to be a prerequisite to the creation of an easement by implication, our more recent cases have come into line…

2Cases cited11 opinions

  1. Hollywyle Assn., Inc. v. HollisterSupreme Court of Connecticut · 1973
  2. Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
  3. LeMay v. AndersonSupreme Judicial Court of Maine · 1979
  4. Warren v. BlakeSupreme Judicial Court of Maine · 1866
  5. Schwob v. GreenSupreme Court of Iowa · 1974

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Morrell v. RiceSupreme Judicial Court of Maine · 1993
  2. Frederick v. Consolidated Waste Services, Inc.Supreme Judicial Court of Maine · 1990
  3. McGeechan v. SherwoodSupreme Judicial Court of Maine · 2000
  4. Shrader-Miller v. MillerSupreme Judicial Court of Maine · 2004
  5. Amodeo v. FrancisSupreme Judicial Court of Maine · 1996

7 more not listed; retrieve them via the Exa API.

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