Maine Easement and Agreement for Highway Purposes

State:
Multi-State
Control #:
US-OG-987
Format:
Word; 
Rich Text
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This form is an easement and agreement for highway purposes.
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FAQ

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.

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, at its most basic, provides certain rights to a person or group (the ?easement holder?) to use a piece of land that is owned by another (the ?burdened estate?). There are several different types of easements, they can be created in different ways, and they can be extinguished as well.

State Aid Highways connect local roads to the State Highway System and generally serve intracounty rather than intrastate traffic movement. With the exception of compact areas, state aid roads are usually maintained by MaineDOT in the summer and by the municipalities in the winter pursant to State Law 23 MRSA 1003.

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.

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.

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.

Title 23, §3121: Responsibility for cost of repairs to and maintenance of private roads that benefit residential properties.

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Maine Easement and Agreement for Highway Purposes