Ebb Tyde seeks renegotiation with the Chimes Association
A birds-eye view of the area in the southern end of West Boothbay Harbor where both the Chimes Association and Ebb Tyed are located. Google Earth photo
A birds-eye view of the area in the southern end of West Boothbay Harbor where both the Chimes Association and Ebb Tyed are located. Google Earth photo
A motion to stay, filed in Lincoln County Superior Court, may help foster negotiation between abutting property owners in West Boothbay Harbor.
On Feb. 4, Ebb Tyed (Thomas and Debrah Yale) filed the motion against the Chimes Association, the homeowners association that represents abutting properties. Ebb Tyed would like to try renegotiating with the Chimes Association, as neighbors, without involving the town.
Back on Dec. 8, 2014, Boothbay Harbor selectmen partially granted a wharves and weirs request by the Chimes association to expand its dock, which is located at the far end of West Boothbay Harbor, next to the Southport bridge.
The Yales (Ebb Tyed) were against this expansion. They stated that the Chimes Association did not have the legal right to expand the dock. While the Chimes owns the dock, it is located on the Ebb Tyed property, and is reached via a 10-foot wide pedestrian easement across their land.
Only one additional 10 by 30-foot float was approved to be built at the Dec. 8 meeting, instead of the two asked for.
The selectmen put another condition on the approval: that if it was determined that Chimes did not have proper right, title and interest to expand the dock, than the approval from the town would be considered null and void.
In the motion filed by Ebb Tyde, it states that if Chimes and Ebb Tyde are not able to reach an agreement: “Ebb Tyde will pursue its claims against Chimes regarding the terms and legal scope of the subject easement, and such claims will not involve (the town of) Boothbay Harbor, because such terms set the scope of interests and rights between Chimes and Ebb Tyde as two abutting property owners, and need not involve the presence or expense of Boothbay Harbor.”
Chimes has not as yet been served the papers for this motion, as the sheriff's office has been unable to locate the Chimes Registered Agent. In the motion it is stated that, “Ebb Tyed will seek an acknowledgment of service once the Chimes retains consul, or, alternatively, will seek to serve an officer of the association.”
“We would be happy to come to a resolution with them (Tom and Debrah Yale) outside the town and court systems,” Jen Ross of the Chimes Association said in a phone interview Feb. 24. “We are more than happy to sort something out so we can restore the peace and all enjoy the waterfront together in the upcoming summer season.”
Related:
Event Date
Address
United States
