Edgecomb town attorney Bill Dale said if a town uses a private easement without permission for 19 years, it’s in the wrong.

But if the town continues for 20 years or more, it not only has a legal right, there’s also a legal obligation to continue.

Dale, a lawyer with the law firm of Jensen, Baird, Gardner & Henry in Portland, advised the Edgecomb selectmen about a disagreement between an Engelbrekt Road resident and the road commissioner.

The dispute began last year when Topher Belknap requested that the town stop trimming the lilac trees on his property. Road Commissioner Scott Griffin didn’t comply with the request. He believed the lilac trees were within the town’s right of way. Griffin returned this fall to continue maintaining a privately-owned section of the Engelbrekt Road used by the town for years as a turnaround. Belknap asked him again not to cut the trees or do any other work.

This time Griffin complied because Belknap showed him tax maps and a survey showing he owned the property and contended the town had no right to use his land. Even though Griffin complied with the request, he disagrees about whether the town doesn’t have a right to maintain the turnaround.

The two men brought their disagreement to Edgecomb Board of Selectmen on Oct. 20. Dale questioned the men in order to advise the selectmen on how to rule on the disagreement.

He asked Griffin why it was important for the town to maintain the turnaround. Griffin said in the winter, the snow covered lilac trees made passage into the turnaround difficult.

“The lilacs present an obstructed view and (prevent) the passage of vehicles on the road and in the turnaround,” he said. “My contention is I need to maintain the turnaround and end of the road. In order to do that I need to cut back the brush and make the turnaround usable.”

Dale also asked Belknap why he didn’t want the town to maintain the turnaround.

“I object to this because it’s all being done without due process,” Belknap said. “The road commissioner continued to perform maintenance after I asked him to stop. It finally stopped a few days ago when I showed him a survey and where the pinnings were located.”

This fall, Griffin was again trimming the lilacs and maintaining the turnaround. The town was preparing the publicly-owned section of the Engelbrekt Road to be paved. Griffin also wanted to pave the turnaround located on Belknap’s property.

The town has also used Frederick and Cynthia Hougharty’s driveway located near the turnaround. Griffin proposed paving and widening the Hougharty’s driveway.

According to Griffin, the town has used the disputed section for years as a turnaround for public safety vehicles, plow trucks and school buses.

State statutes allow municipalities to continue using private easements without permission if they done so for 20 years or more. This led to Dale advising the town about its obligation under the law.

Belknap has lived on his 11-acre property since 2002, and said he’s never given permission for the maintenance work.

Griffin has served as road commissioner for 12 years. He succeeded his father, who was described as a long serving commissioner.

Griffin said the town has used the turnaround for well beyond the 20-year time frame required for continued use.

However, Dale advised the selectmen they need proof to settle the matter. The evidence could be in the form a written document or personal testimony, according to Dale.

Fire Chief Roy Potter recalled when he was an assistant, the department used the turnaround in 1997.

“That’s good, but it’s still not 20 years,” Dale said. “My advice is to talk to some retired town workers or property owners about their recollections. It doesn’t have to be an affidavit. Only someone who can shed some light on the subject.”

The Houghartys are likely witnesses who could put the matter to rest. The couple still owns the property, but they now live in California. Julie Truesdell, an Engelbrekt Road resident, said she would contact the couple to see if they know how long the town has used the turnaround.

Dale also advised Belknap he was free to assemble witnesses to present at the next board meeting. Dale recommended that the board hold a hearing to decide the dispute. If the board rules in favor of the road commissioner, Belknap can appeal the decision at any time.

“This is not like a planning or appeals board ruling. Mr. Belknap, you’d have more than 30-45 days to appeal. If it’s two years, three years or longer than that you have that option,” Dale said.

The selectmen will hold the hearing at their next meeting at 6 p.m. on Monday, Nov. 3 in the municipal room.