Tarason v. Wesson Realty, LLC., 40 A.3d 1005

Tarason owns property in South Berwick used as a parking lot; dispute over a right of way on his property from a 1925 deed.
1925 Wentworth deed conveyed a parcel to Leon Benoit, his Heirs and Assigns forever, plus a right of way from Scott's Court to the conveyed premises.
The right of way clause appears after the parcels description and before habendum language; the language around the easement is ambiguous.
Wesson Realty owns adjacent property; Tarason alleges the Scott's Court right of way crosses Wesson’s second parcel and seeks injunctive relief and a declaratory judgment.
Trial court held the 1925 deed created a fee interest in Tarason’s land and an easement in gross personal to Benoit that terminated at his death; court refused § 772 applicability because Wesson owned the disputed parcel in fee.
Tarason appealed; question presented whether § 772 applies and whether the easement is appurtenant or in gross.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 772 applies to create a fee interest or affects easement type	Tarason argues § 772 applies and creates appurtenant easement	Wesson contends § 772 does not apply	Yes, § 772 applies; easement did not become appurtenant
Whether the 1925 deed creates an appurtenant or an easement in gross	Tarason asserts habendum creates appurtenant easement	Wesson argues easement is in gross terminating on Benoit's death	Easement in gross; terminates with grantee's death

Dana v. Smith, 114 Me. 262 (Me. 1915) (habendum converts life estate to fee; easement appurtenant when no express limitation)
Wentworth v. Sebra, 829 A.2d 520 (Me. 2003) (liberal § 772(1) construction; lack of wording of inheritance may still convey fee)
Stickney v. City of Saco, 770 A.2d 592 (Me. 2001) (§ 772 applies to conveyances creating easements)
Tarbox v. Blaisdell, 984 A.2d 1273 (Me. 2009) (statutory construction guidance for deeds lacking technical words of inheritance)