Maine Subordinaton of Mortgage Lien to Easement and Right of Way
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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 ...
ofway easement grants the holder only the rights as stated in the express easement or granted by court order. Typically the right is simply to cross over the land of another. The easement holder does not have the right to change the nature or location of the rightofway.
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.
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.
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.
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.
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).
