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Rolling Line Download Requirements



 


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. A property is described as "clear" when it is: a. Co-extensive with the land; b. Trivial in nature; c. Easily visible from the adjacent land; d. Simple in construction, and one which, on its face, conveys the same image as the top of a building. B. Purchaser's Rights The Forest Service argues that the deed restrictions are intended to preserve the property as open space and therefore the only title that can be conveyed is that to the actual property and not the right to a servitude. It is argued that nothing in the deed restrictions prohibits the developer from developing the area under a flexible land use permit. The Forest Service argues that the developer is not under any obligation to obtain a land use permit under the permit provision in the lease. Moreover, the Forest Service argues that the deed restrictions were never intended to benefit the developer because they were not so intended. The Forest Service points out that no mention of a right of development was made in the original documents and that the developer did not bargain for it when they purchased the property. C. Rights of Way Finally, the Forest Service argues that the terms of the deed restrictions do not grant a right of way. Even if the restrictions granted such a right, the Forest Service argues that this right is subservient to the rights-of-way which were retained by the State and which allow for construction of the realignment of I-19. III. ANALYSIS This Court must apply Maine law in this diversity case. M.R.Civ.P. Rule 44.1. Since the conveyance was executed in Maine, the parties agree that Maine law applies to the interpretation of the deed restrictions. When interpreting Maine contract law, the Court first looks to the ordinary meaning of the language of the contract. *1344 Jordan v. McEntee, 2002 ME 32, ¶ 7, 44, 420. If the language of the contract is clear and unambiguous, then the Court gives effect to that language. Id. If the contract is ambiguous, however, the Court "may look to parol evidence, custom, and usage to determine the intent of the parties and to resolve the ambiguity." Id. (quoting Coombs v. J.D. Irving, Ltd., 616 A.2d 955, 959 (Me.1992)). A. Title to the Property 1. Standard of Review

 

 

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