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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.
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.
There are two ways an easement can be held, either in gross or appurtenant to the land. Easements that are meant to provide benefits to the owner of a parcel of land, regardless of who is the owner the that land, are called appurtenant easements.
Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.
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.
When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant.
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.