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Question: asa e phillips owned property in seal harbor maine his...

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Asa E. Phillips owned property in Seal Harbor, Maine. His deed included a 20-foot right-of-way over property owned by Kate Gregg and W. Layton Stewart. The right-of-way had long been reduced to a five-foot-wide footpath and was largely overgrown with trees. Gregg and Stewart had placed gates and warning signs along the paths to discourage Phillips’s use. Phillips brought suit for an injunction to prevent Gregg and Stewart from interfering with his use of his right-of-way. Greg and Stewart claimed he had abandoned his easement through nonuse. Who is correct? How should the court determine abandonment?

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