Hatcher v. Chesner

Opinion by

Me. Justice Eagen,

This is an appeal from a final decree in equity enjoining the defendant from obstructing a right of way over his land.

The facts supported by the record and the chancellor’s findings may be summarized as follows:

The plaintiff and the defendant are owners of bordering pieces of improved land. In 1894, the then common owner of both properties created by deed a perpetual ten foot right of way over the land, now owned by the defendant, for the benefit of the owners and occupiers of the land, now owned by the plaintiff.

The plaintiff acquired title to his land on March…