ROCKPORT, Maine — A North Carolina couple has asked the court to enforce what it said is a deeded right to trim the top of trees on its neighbors’ properties to maintain a view of the ocean.
Shirley P. O’Keefe and Edward J. O’Keefe filed the lawsuit Nov. 19 in Knox County Superior Court against neighbors Jason T. Throne, Mary C. Throne, Christopher A. Sailer Jr. and Samuel C. Sailer.
The O’Keefes are residents of Chapel Hill, N.C., and own a home on Pandion Lane off Route 1 in Rockport that overlooks Penobscot Bay. The Thrones are residents of Rockport and the Sailers are residents of San Francisco and both also own property on Pandion Lane.
In the lawsuit, the O’Keefes maintain that the deeds for their property granted the right to maintain the existing view by topping trees on property now owned by the Thrones and Sailers. The three properties were once all part of one lot but later divided with the view easement, according to the lawsuit.
The lawsuit maintains that the neighbors are to trim the trees so that they do not exceed 50 feet in height.
The O’Keefes state in their lawsuit that they have asked their neighbors to trim the too tall trees, with an acceptable pruning method, but the neighbors have repeatedly refused to allow the work to be done.
Rockport Town Planner Tom Ford said he has had conversations with the parties over the view easement.
“View easements are fairly standard practice,” Ford said.
The town planner said all parties have been told that before cutting could occur that it would require a permit since it is in the shoreland zone which is land within 250 feet of the water. No permits have been sought.
The O’Keefe and Throne properties have homes on them while the Sailer property is undeveloped.
The O’Keefes also claim in their lawsuit that the Thrones have altered their deeded right of access over the O’Keefe property and have posted signs that state “private drive” and “no access without permission” on the O’Keefe property.
The O’Keefes have asked the court to order the Thrones to remove the signs and adhere to the proper right of access over the O’Keefe property.
The O’Keefes are represented by attorney David Soley of Portland.
No response to the lawsuit has yet been filed with the court.
A telephone message was left Tuesday morning at the Thrones home. Contact information for the Sailers could not be found Tuesday.
I hope the O’keefes can find a way to view the Ocean without disrupting the Thrones who have made Maine a year round home….
The Thrones sound like lousy disrespectful neighbors.
You are not taking your medications Pipe. Go find a life as it is clear you don’t have one here.
Yada, yada, yada, lol.
Agreed. As long as they don’t have to pay for it, then what is the problem? They are legally bound to do it. Now they will have to pay legal fees as well as have their trees topped. Pick your battles folks.
Im not a fan of others being able to say what their neighbors can do with property they own…..If the O’keefes wanted to control those trees they shouldn’t have sold them to the Thornes….also since the Thornes live in Maine year round they do more to support their town and state….people who own second homes pay less tax….
Contracts matter. otherwise it is anarchy.
so that gives the Thornes the right to change a written contract? It isn’t just the trees they have posted signs on PRIVATE property that does not belong to them. They changed the ‘driveway’ they were given and easement for in a deed and they should not get special rights just because they are living here full time.
I might suggest the Thornes think about the fact they have to use an easement through the O’Keefe’s to get to their property. Good thing the O’keefes have kept their end of the bargain…too bad the Thornes haven’t.
just go back to NC!.go back to San Francisco! Too much Drama..
What a loser’s comment.
I wouldn’t call you a loser, but then again, you do that justice for yourself.
Losers yell at people from away to go back to where they came from.
You do that justice to your own self with your numb-headed talk.
Sounds like pipedown is Gov LePage
Nah-’cause old Paulie would have told them to get out of “his” state and “kiss my butt”…or some other eloquence.
Sometimes the nail is a nail and a hammer is a hammer… Nice to have a hammer around sometimes.
I’ll bet your not from Maine either.
It’s that or your a rich trustfunder RIGHT!!!!!
You lose that bet Cookie.
And no, I’ve been working for decades since age 12.
Sounds like pipedown is Gov LePage, just sayin.
I have no problem with LePage’s hardscrabble past and his ability to overcome it. he will also be the first to admit he had people behind him at crucial points in his life.
Too bad, you sound like you are from away, you certainly have little to no loyalty to your fellow Mainer’s.
Really. How’s that?
I’ve lived here all my life and can’t even get CLOSE to the ocean thanks to the influx of richie rich’s not from here that control our shores now.
Aw, poor you.
Why are you being so offensive and disrespectful?
Why are you whining about not being able to live on the coast?
Waterfront is overrated. Ooh look, water. ;)
So what? If its your goal to live on the coast among the wealthy, tourists, traffic, and overpriced shops…have at it. I personally prefer to live inland, away from tourists and useless trinket shops.
What is so great about the coast? You get to pay insanely high taxes, you have to account for an extra 20-30 minutes to go anywhere from Memorial Day until Labor Day, and then its a ghost town the rest of the year where most places shut down for the winter. So you get to enjoy your peace during the coldest, harshest weather months of the year. No thanks, I’ll stick to inland Maine.
I’ve not bought into the doomsday scenarios, though sea levels are and will be continuing to rise, and more extreme weather on the coast is in the long term forecast. Underwater properties aren’t worth much, so I don’t view (direct) oceanfront as a good long term investment.
An aunt of mine lives almost right on the beach in East Haven, CT – parts of which were walloped by Irene and then again by Sandy. Many homes wiped out and not likely to be built back…and though she’s now closer to the shore and the view is better (because of houses in front that were washed away), she’s come to the realization that even her home, 100 feet off the beach might someday be at risk of being swept away. :
I know that part of the world well. Got a bit nostalgic reading about it.
Cosey Beach Ave – it made quite a few national news stories.
Oh yeah….remember it well. Also Lamphiers Cove. Very familiar with it.
Remember when living at a below-the-mill river property in Maine was an undesirable thing?
A lot of “poor Maine” folk have sold their shore front property for millions and moved inland. Fishermen should never be forced off the waterfront by super high taxes as they make their living from that location. These rich people generally don’t load our schools with extra students, but they do use our boatyards, carpenters, electricians, plumbers and landscapers to name a few. We need that out of state buck big time.
We inland folks depend on it somewhat too. Folks from away have hired me to work on their homes: cabinets, floors, roofs. decks etc. I’m happy to have them as neighbors.
There used to be a nice footpath following the Rockport Harbor that locals used for many decades. Flatlanders moved in, fenced it off and put up no trespassing signs to keep us out. That did not feel very neighborly, considering how many years that path was used.
Another man from Texas bought the property directly behind me and turned that into a “nature preserve” (to save tax money) and sent the sheriff to all his neighbors telling us all to keep out. I know it is his land, but that put a bad taste in my mouth, considering I have walked that land and respected it since early childhood.
I just thought I’d share that with you, considering we used to be able to get close to the ocean before rich people from away decided to take that treasure away from us locals.
If they wanna do things the “big city” way, maybe the Thrones could lease the air rights to the O’Keefe’s. That way the O’Keefe’s get what they want, and the Thrones get something too (ie, paid.)
What are Air Rights:
http://en.wikipedia.org/wiki/Air_rights
You have to have air rights in order to build skyscrapers in NY City. Funny concept but true.
I had an acquaintance who was asked to sell his air rights (mid town NYC) for a Million $$ and he was attempting to ascertain is that was a fair price !! I know .. .. I wish I had that problem ! This was in the 80’s .
Is this what it’s like to have a lot of money???
Right of way problems are not limited to to people with money in Maine. Right to a view? Don’t know anyone with one of those.
Lot of money or not…when a neighbor changes the value of your property you take it to court.
Geez, I was being a bit facetious!
If you or I live in a mobile home park and the guy next door has 5 junk cars in the yard in violation of local code would it be unreasonable to complain about the view out your kitchen window to local authorities? Money has nothing to do with it.
All that money and wealth and still they aren’t happy…..
Says it all. ;) http://www.youtube.com/watch?v=Jwf70N3hcJ4
Where does it say how much money these folks have or how happy they are? Did I miss that?
Exactly.
They bought property with right of way and view easement but their right to those is dependent on how wealthy they are?
Don’t be so cheap! Buy some water frontage. There are deals out there. Use the money that you will spend on lawyers.
I don’t view requesting that someone fulfills the contract they signed onto as “being cheap”. The offending neighbors are the problem here.
Guess they should’ve bought waterfront property not just a view to it.
There are only a few homes down that road. Would really stink if the 3 neighbors on that street can not get along. Which party here owns the absolutely gorgeous house at the end of the street, directly on the water. Open breezeway and reclaimed tar driveway? The house is stunning and I have made a few deliveries there before.
well excuse us.
I bet they lived in New York before NC
What difference does it make?
If only my biggest worry for the year was “I can’t see because your trees are in the way”. God Bless!
On the one hand, yeah, it’s silly stuff. On the other hand, if it’s in the deed, a contract’s a contract…
Perhaps we should ask why this civil matter is even news.
My wife and I have a 25 year old “friendly dispute” over fast growing cedar trees in front of our lakeside deck-and we’re husband and wife. Why would anyone buy or build near water if they didn’t want to see it?
if you “top” a tree your going to kill it
Trees are topped all the time by road crews. It doesn’t kill them unless they are already diseased.
I know…really. That is pretty minor stuff, Perhaps they are fortunate enough to not have a lot of major things to worry about.
#richpeopleproblems
This is not a rich person’s problem. It actually a bigger problem for middle and lower class families-they don’t have the money to do anything about it-especially when their adversary is rich. lawyers will take on a civil case for a”cut of the action.” These cases usually have no monetary rewards other than court and legal expenses.
Wow do I despise government telling people what to do with their own property. Not only are people required to trim trees, but in order to trim the trees to go along with the easement rights, they have to obtain a permit, at the owner’s expense I am sure, to trim the tree–or most likely face a fine for just doing it. This is bloated, excessive, encroaching government at its best.
Still, as much as I hate to agree with the O’Keefe’s lawsuit, it seems that they have a legal right to their view. Maybe if its so important to them, they should have offered to pay for the tree service to come out and trim the trees with an ‘acceptable pruning method’. I guarantee that for the cost it took these people to get a lawyer and go to court, they could have paid to trim any tree in their precious view 10 times over.
They paid for the easement or the folks with the easement paid less .. either way .. An easement is an easement and if written properly should make it clear who pays for it’s continued implementation.
Seems like in this case the two parties have contracts and one party isn’t honoring the contract, or so the other party alleges. Thus they are appealing to the government to step in and rule on it. This isn’t a case of “encroaching government.” In fact, it’s exactly the kind of situation that government is for in the first place.
I meant more for the fact that on top of the easement, you are required to get a permit to maintain the easement. Seriously, obtain a permit to trim a tree? That is government encroachment to me.
Well said.
We had a similar dispute on our lake several years back. One “neighbor” erected an 8 foot fence right on the shoreline blocking the other camps view down the lake. That fence is still in place.
Did anyone have a legal view easement down the lake? If not, it is not so similar. My view down the lake is 1/3 of what it was 15 years ago because of neighbor’s trees growing in, If we had a view easement then we, the neighbors and the town would have to get together to resolve the easement in conjunction with zoning laws.
The situation is “similar” in that a blocked view is the source of a rift between neighbors.Another issue on lakeside lots is the high water mark. Just where does your camp lot end and the public ownership of the lake begin? Had I said “the same” I would have been incorrect.
if these requirements are in the deed the government has nothing to do with it.
If the requirements in the deed are in non-compliance with zoning then there is a problem. Just making a requirement in a deed doesn’t supersede zoning.
Thank you.
Can you say “litigious”? Sure you can…..
There are folks in Maine living in shacks that get into easement and right of way disputes.The Hatfields and McCoys down south were not wealthy people.These arguments are not limited to the rich. Unfortunately loaded flatlanders (Not San Francisco I guess) have the same legal rights as us poor native Mainers.
“Unfortunately loaded flatlanders (Not San Francisco I guess) have the same legal rights as us poor native Mainers.” Being sarcastic I hope? Why wouldn’t they have the same rights or why is it unfortunate?
Sarcasm…and SF is anything but flat.
After all is settled and the trees are trimmed as per the easement I’m quite sure all parties, except the attorneys, will lose money. Ain’t America grand?
About $20 grand.
The thing that amazes me is that this made the news. Several years ago the police forced me to leave my home and allowed my partner to remain there even though the property had been legally deeded to me and I had been the assaulted victim. I contacted the BDN, as well as several other local media, and was told things of this sort were not news worthy. Now I wish I’d asked him to trim the trees.
Well there ya go! Now we know how to get their attention. Seriously, this isn’t the first time I’ve heard this. I’m sorry that happened to you. I hope you were able to get back on your feet. God speed to you!
copper nails, see the ocean guaranteed in 3 years.. maybe a little antifreeze for good measure. Its dark this time of year isn’t it? :-)
Show up on my land at night, and there’s liable to be an “accident.”
They ought to hire this guy. It would solve all the drama.
http://bangor-launch.newspackstaging.com/2012/11/23/news/lewiston-auburn/more-than-1000-trees-cut-on-livermore-forest-without-permission/
They could do what my neighbor did. He clear cut some of my property and cut down individual trees.. Told him not to do that and he replied, “Oh, I haven’t done it for awhile”.and also said, “I don’t like trees”. He thinks he’s gotton away w/this but that’s because he hasn’t yet received a court summons as yet.
I hate to see trees taken down unless there is a very good and necessary reason to. Trees provide a lot more than some people seem to realize.
I love my trees, bushes, weeds—whatever grows. .Used to not be able to see the neighbors’ houses behind me until winter but now see them all year long. Came home one day to find a pile of young maple trees cut down an piled beside my garage. Kinda figured it was a transient walking by who happened to think it would be cool to cut somebody’s maples down and leave a 12 ft. pile of them near the house, yeah right, a transient.
I love trees in the city too. People who have not been to New York City would be amazed at all the trees there. (and not just in Central Park,) Trees provide shade, give birds and some animals shelter and food, put back oxygen into the air, and add immeasurably to the beauty of a place.
I hate it when they cut down some trees when there is no viable reason to. This huge magnificient tree was taken down by an apartment manager, saying that it was in the way of the snow plow driver and dumpster truck. Later, she said she made a mistake and never should have removed it. People were outraged. Now that area is not shaded in the summertime and the heat beats down on the pavement. She spent big bucks to have that humungous tree removed too…..large stump,etc. That money could have been used for something necessary or beneficial.
I once lived next door to a home with beautiful trees, shrubs and ground cover.When the home was sold the new owner dug up all the trees, shrubs and ground cover and planted grass. Then in summer his home was in full sun and hot as h###. Beauty is in the eye of the beholder, but this to me was criminal.
The Maine price for cutting trees on the land of another without written contract to cut is $1,000 a tree.
Even if its not a big tree farm or something?
cheaper then a lawyer
Hey, offenders, trim the trees. End the drama.
Out-of-staters in a p!ssing contest. Who cares?
Money has nothing to do with it. You have a deed — you go by what’s written in the deed. It’s a civil case.
The deed may not mean a thing, I live on water and can only trim the lower 30% of a tree, can’t touch the tops, its an environmental thing…
I cut shoreline all the time, neighbors just shake their heads. LOL. My property scrow them.. I didn’t give them permission to make the law.. They weren’t representing me
Is that the way you treat all laws you don’t like? I bet it would be different if someone else did it and it effected you badly…
If it is not your property then to bad..
I guess this article was put in to have comments about the rotten rich people. From some the envy is obvious.
Looks like a couple of lawyers can start their Christmas shopping now !
There is a legal, binding contract that addresses the view. No surprises. The neighbors need to honor it. It doesn’t matter where the O’Keefe’s are from, or whether they should have bought waterfront so as to avoid this situation. Right is right, wrong is wrong.
There should be a sign just at the state line. “Welcome to Maine, if you don’t like the view, go somewhere else”
interesting that most of the comments seem to assume that those with the trees are poor…
I don’t see the need in saying the people are from North Carolina. Also, the people who do not want the rich here in the State of Maine would not like what we would have without them.