Maine Supplemental Right of Way Agreement

State:
Multi-State
Control #:
US-OG-1152
Format:
Word; 
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This form is a supplemental right of way agreement.
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FAQ

"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 ...

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 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.

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).

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.

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.

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.

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.

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.

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Maine Supplemental Right of Way Agreement