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Someone can walk through the woods to get to a lake, look at the lake, and walk back. But a person cannot, except for the permissive access custom, swim or fish from the shore. Nor can that person make use of recreational rights on the lake without being able to get to the lake with a car, canoe, or boat.
Title 23, §3121: Responsibility for cost of repairs to and maintenance of private roads that benefit residential properties.
Rule that requires a party seeking to gain title to property by adverse possession to have hostile intent, or an intent to take the property with knowledge that it belongs to someone else.
In Maine, there are three basic types of road associations ? informal by consent or agreement, a statutory road association, and a non-profit corporation road association with property interests in the road.
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property.
What is a private road? A private road is a road over which a limited number of people have the right to pass. In contrast, public roads are roads over which the entire travelling public have the right to pass.
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.
A privately owned road, commonly called a ?private road,? is a road over which neither the municipality nor the general public has the right to pass by vehicle or on foot. Anyone using or repairing a privately-owned road without the owner's permission is subject to an action by the owner for trespass (see 14 M.R.S.A.