July 20, 2015 – James (Jamie) Belleau of Trafton Matzen Belleau & Frenette successfully represented a property owner who purchased land in the coastal town of Southport, Maine in 2006 for purposes of subdividing ocean front property. Attorney Belleau’s client received a deed from the seller conveying a ten foot wide right of way on a neighboring property. The neighboring property owner argued that the ten foot wide right of way was limited to a pedestrian walk way. Attorney Belleau’s client claimed it had a right to use the right of way to access the property it purchased including the right to use the right of way to access the property by car. There was no dispute about the existence of the right of way. The sole issue was whether the right of way that benefited the land owned by Attorney Belleau’s client and burdened the neighbor’s property could be used to access the property by car. The deeded right of way was silent on the issue.
This dispute went to trial in Lincoln County Superior Court in April 2015. After a two and one-half day (2 ½) trial, Justice Billings issued his decision on July 20, 2105 in favor of Attorney Belleau’s client that the right of way in the deed was intended for vehicular access to the shorefront and that it was not only for pedestrian traffic.
Our clients were very pleased with the results obtained by Trafton Matzen Belleau & Frenette. They could now fully enjoy their entire property, drive to the shore and access the subdivision property by car by the right of way in dispute.
Trafton, Matzen, Belleau & Frenette is a full-service law firm with an office in Auburn, Maine. Attorney Belleau is a partner in the firm and successfully tried cases for over 18 years. Attorney Belleau concentrates on civil litigation with an emphasis on commercial and business litigation, real estate litigation, construction, and municipal law. Attorney Belleau has an AV® Preeminent Peer Review Rating in the distinguished legal directory, Martindale-Hubbell®.