Maine Easement
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FAQ
An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
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.
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.
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.
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.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.