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Appeals court hears land‑title dispute over scope of easements and underground utilities
Summary
In Willis AM Henley v. Derese, the panel examined whether a 2004 deed granted a general access and grading easement (Easement 1) or whether the document’s language limits surface rights to septic access only; appellant says deed language is clear and unambiguous, appellees point to trial testimony and constructive knowledge to support the Land Court’s findings of an implied easement and factual conclusions.
Robert Meltzer, arguing for appellants Willis A. M. Henley and Rubina Henley in 25P0615, told the court that the deed’s plain language creates a general access and grading easement rather than a septic‑only right. Meltzer said Easement 2 is explicitly labeled a "septic access easement," and that contrast shows the drafters intended Easement 1 to be broader: "Access means the ability…
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