Maine Release of Easement
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How to fill out Release Of Easement?
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FAQ
There are multiple kinds of easements recognized by Maine law and most do not have to be recorded at the registry of deeds. Easements by agreement, easements by estoppel, prescriptive easements, and easements by implication are all created by conduct and by the history of the use of the land.
An easement right acquired expressly or through operation of law can be terminated. Depending on how the easement was created, there are different ways that it can be terminated. The holder of the easement can expressly give it up their easement rights, but it must be done in writing and should be recorded.
Maine Adverse Possession Laws As mentioned, squatters can try to take legal ownership of a property if they have lived there for a long period. Unlike other states, Maine requires proof of at least 20 years of continuous occupancy to legitimately claim adverse possession.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational or open space ...
So, where the neighbors will not give permission, the law will allow the landlocked owner to bring a suit to obtain an easement by necessity - the right to cross the land for purposes of accessing the property (this doesn't include any other rights to use the land).
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.
