#04-2998 Easement Proceedings - Laserfiche WebLink

Home Browse Search

MEMORANDUM In trod ucti on. Petitioner, Sue L. Van Eeckhout, wife of Petitioner, Charles E. Van Eeckhout, is the fee owner of a parcel of land the City of Orono legally described as Tract H, Registered Land Survey No. 352. The Petitioners have been attempting to subdivide Tract H into several lots; and they believe that a Court Order construing their easement rights over Tract G, Registered Land Survey No. 352 would be useful in obtaining city approval of the subdivision. Defendant, May Ann Dunn, on the other hand apparently opposes the Petitioners' subdivision plans and has filed an Answer in these proceedings which requests a Court Order construing the easements in such a way as to effectively prevent the subdivision of Tract H (at least without the grant of additional rights or easements by Mary Ann Dunn). Historical Background. 1. Franc P. Daniels registered title to a large parcel of land in Section 34, Township 118, Range 23 and Section 3, Township 117, Range 23 in Torrens Case No. 11775. Pursuant to the Decree of Registration, First Certificate of Title No. 217132, dated July 20, 1954, was issued for the land. The First Certificate of Title contained a recital stating that the land was "subject to an obligation to convey by Wananty Deed to Olive C. Case, free and clear of all liens and encumbrances" a portion of the land, described in the recital by metes and bounds. The First Certificate of Title also contained a recital stating that the land was "subject to an obligation to convey to Olive C. Case, free and clear of all liens and encumbrances (the full consideration for the conveyance having already been paid to Franc P. Daniels by Olive C. Case) an easement for driveway purposes over a strip of land 40 feet wide" described in the recital by metes and bounds. 2. Registered Land Survey No. 352, dated August 16, 1954, was filed August 24, 1954 as Doc. No. 432712 and a memorial of it was entered on First Certificate of Title 5