Maine Storm Drainage Easement

State:
Maine
Control #:
ME-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

An easement and right-of-way for the construction, maintenance, repair, or replacement of storm drains on or across said premises.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

Deeds will show if the right of way applies to those on foot or in vehicles. On foot permits one to pass and repass without lingering and the pathway should be no less than 90cm wide. Vehicular right of way allows vehicles of up to a permitted size along the carriageway or driveway, to load and unload but not to park.

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

An Easement, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement.

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.

Easements are legal designations that allow individuals or entities to use portions of your property (to build on or for physical access), even though you still own the land and technically have a right to build on it.There are utility easements that allow sewer and gas lines.

This 33-feet law is regardless of the specific right-of-way width. However, there is a waiver process if the posted speed limit is 35 mph or less and MaineDOT determines that the obstacle will not pose a safety risk to the traveling public.

An easement which passes (or runs) with land so as to benefit successors can only exist where a number of requirements are satisfied: The land must benefit one piece of land which is in different ownership from another piece of land over which the rights are exercised; and.

"National roads shall have a right of way of not less than twenty (20) meters, provided, that such minimum width may be reduced at the discretion of the Minister of Public Highways to fifteen (15) meters in highly urbanized areas and that a right of way of at least sixty (60) meters shall be reserved for roads

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Maine Storm Drainage Easement