Danville, PA asked in Real Estate Law for Maine

Q: We bought a camp from family. They insisted on having rights to use the property. It isn’t working snd we want to change

We bought the property above appraised value. It allowed his aunt snd uncle (the owners) her two kids and grandchild lifetime use. For up to two weeks. The cousin has basically moved in. If we sell the house to ourselves or a trust can we get them off the use agreement?

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2 Lawyer Answers
Anthony M. Avery
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A: Not exactly sure of your situation, but straw deeds are not going to extinguish life estates in the chain of title. Apparently you have the remainder after their life estates and/or you did not have a competent attorney to draft that deed. Hire one now to search the title and determine the exact present title. Your "agreement" may not be a deed affecting title, or may not be enforceable. At worse, a suit for a Declaratory Judgment/Quiet Title, or Partition, will be necessary.

Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: I would need to see the agreement before I could provide you with a concrete answer, but based on the facts you have provided, probably not. You would have more success if you could successfully assert that their conduct constitutes a breach of the use agreement, which allows you to terminate that agreement.

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