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As we learned, adverse possession in Maine is a traditional law that allows people to own a portion of land they have used for a continuous period of time. There are many requirements including the occupancy be out in the open, continuous, hostile, notorious, exclusive, and for the required period of at least 20 years.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross." Most types of easements are affirmative, which means that they allow the use of another's land.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
Hear this out loud PauseAn easement by necessity is generally created when a landowner conveys a portion of land, but retains all the land surrounding the conveyed parcel, and there exists no access to the conveyed land. Right-of-Way Easements in Maine - Teel Law Office teellaw.me ? easements teellaw.me ? easements