Right-of-Way Easements

Introduction

This article looks at right-of-way easements in Maine. Right-of-way easements are a common type of easement in the state, and this article is meant to provide a basic overview of this legal right, how the right comes to be, who holds it, what it provides and how this right can be lost. An easement, at its most basic, provides a non-owner of a piece of property certain rights over that property. There are several different types of easements, they can be created in different ways, and they can be extinguished as well. An example of a right-of-way easement would be when the general public is allowed to cross over private property to access a shoreline. In Maine, often people are unaware that the reason they are able to reach a shoreline (be it the ocean, a lake, or a river), is because of a legally established right.

Someone looking to purchase or sell land in the Maine should ensure that a proper title search is done to find out if there are easements over the land, or if the property enjoys easement rights over another property. It is better to know beforehand if there easements involved with the property so that all parties to the transaction are aware of any implications the easements might have. It is more cost affective to address the issues of easements before the transaction, than attempt to resolve them in court later on.

 

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