Maine Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) refers to a legally binding agreement that grants an individual or entity the nonexclusive and permanent right to access and use another person's private road. This type of easement allows for convenient passage through privately owned land for various purposes, such as accessing a property surrounded by other landowners or reaching a particular area that cannot be accessed otherwise. In Maine, there are primarily two types of easement and right of way concerning the nonexclusive and permanent use of a granter's private road which are worth mentioning: 1. Appurtenant Easement: An appurtenant easement is attached to a specific property, known as the dominant estate, and allows the owner, or those legally entitled, the right to access and use a granter's private road to reach the property. This type of easement stays with the land, meaning it transfers to subsequent owners, ensuring continued access over time. 2. Easement in Gross: An easement in gross is not tied to any specific property or dominant estate; instead, it benefits a specific individual or entity, known as the easement holder. It grants the easement holder the nonexclusive, permanent right to access and use the granter's private road. Unlike an appurtenant easement, an easement in gross does not transfer to subsequent owners unless specified within the agreement. Both types of easements mentioned above are designed to ensure the smooth and continuous use of privately owned roads in Maine. It is important to note that when negotiating, drafting, or modifying an easement and right of way agreement, consulting with a qualified attorney specializing in real estate law is highly recommended.
Maine Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
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.
Through what is known as a prescriptive easement, over a period of time others could gain the right to access, cross, or otherwise use a portion of your land without your consent.
An easement does not grant a right of possession, as would a deed, but rather, a right to use. In Maine, you will often encounter easements granting travel rights over the land of another or an easement so that power lines or plumbing can connect to one person's property through another's.
An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of 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.
