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Maine Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Maine on
Q: My land that is accessed by a driveway on a deeded ROW, briefly crosses the neighbors property line for 50’, easement ?

I purchased land that is accessed by a driveway that starts on a deeded ROW, that briefly crosses the neighbors property line for 50’ as 30 Years ago they laid the driveway down crooked, but then returns to the ROW. Another house on this driveway has been using it like this for 20 years, and the... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Identity Theft and Wrongful Death for Maine on
Q: Trying to find out about a trust
Anthony M. Avery
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answered on Nov 19, 2024

What is your question?

1 Answer | Asked in Family Law, Real Estate Law and Probate for Maine on
Q: My mom passed away with no will. My brother was living with her at the time of her death. I asked him if I could move in

Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?

Nina Whitehurst
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answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have...
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0 Answers | Asked in Real Estate Law for Maine on
Q: In Maine, if I personally owe someone money, can they put any type of lien/claim on a property that is owned by my LLC?

I am 100% owner of the LLC, and the property in discussion is owned by my LLC. The money owed to the individual was borrowed by me as an individual.

0 Answers | Asked in Real Estate Law for Maine on
Q: Can an appurtenant easement be temporarily blocked to repair, restore, and reenable the owner's easement management?

An easement holder stole the lock from the servient's locked gate because she could not make multiple copies of the lock's key to distribute to her friends and illegal tenants. The theft of the special lockset pin disabled the gate. The servient had replaced the first lock with one with... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Living in a home 12 yrs, I own 1/4 of the home in Maine. Others want to sell. What are my rights? Can they evict?

Lived in the home to take care of my mother after my father passed away. Deed was signed over 20 years ago. Mother passed last year. Now other parties want to sell and want me out of the home. Do I legally have to sign to sell? I can't afford to purchase their share.

Anthony M. Avery
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answered on Jul 30, 2024

Any tenant in common can file an action for a Sale For Partition. Yes, you can be removed from possession and the Court can sell it. Hire an attorney if suit filed.

1 Answer | Asked in Real Estate Law for Maine on
Q: I own a house 100% which sits on a property that is co-owned and I want to sell.

Can the other land owner refuse the sale of the house? Or prevent the sale of the house? The other owner has tried to get me to agree to putting the house in a trust, and my knowledge of trusts is that you no longer own the property 100%.

Anthony M. Avery
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answered on Jul 15, 2024

Unless it is a mobile home, that house is part of the real property. If a MH, then you may wish to remove it. If you built a house on someone else's property, then hire a NJ attorney to file an action for a Sale For Partition. There you can claim, and possibly recover, some reimbursement.

1 Answer | Asked in Real Estate Law for Maine on
Q: Temporary access through my property to a land locked property.

Can the landlocked owner that I granted temporarily access use to log once and any repairs to my logging road and use through my property that the logger does be used as leverage to claim permanent use or future access?

Anthony M. Avery
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answered on Jul 5, 2024

Not sure of your question. But if you gave any type of access, then the dominant tenement or licensee might continue to use it. Ultimately he perfects it into a prescriptive use easement. You must terminate that access now.

1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

Anthony M. Avery
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answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maine on
Q: My father in law owns a parcel of land he inherited from his father. The man who owns the adjacent property has put up

A locked gate on the easement. My father in law has been unable to access this land for many years. He is an elderly man and this neighbor has been intimidated him. My father in law is scared of this neighbor so has not done anything about this.

My father in law wants to gift my husband... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 20, 2024

There are a couple of issues here. First is if the easement is in the deeds, and what the stated scope of it is. If there is clear language in the deed granting the right-of-way that is being blocked, then there are grounds to sue. If the right-off-way is only based on past use, that is more... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Looking for case re: a piece of property must be defined in such a way that it can be located on the face of the earth.

I seem to remember having once seen such a case but now I can't find it. If a deed is so vague that the parcel of land can't be located, and abutters cannot know where their property line is, is the deed valid? For example, "a certain right of way in a general westerly direction... View More

Fred Bopp III
Fred Bopp III
answered on Feb 15, 2024

Here is one such Maine case, which cites three other decisions:

"The description must be such as to enable a person to identify the real estate and to apply the description to the face of the earth. The description of the real estate must be certain or refer to that by which it can be...
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1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?

The property is in central Maine and has easement with Maine Farmland Trust.

Fred Bopp III
Fred Bopp III
answered on Dec 6, 2023

Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Seller in ME accepts a new offer before the expiration of the counter offer deadline that they gave to a different buyer

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 19, 2023

I previously responded as follows: The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Is this legal?? Desperate for answers

We are in Maine. We made an offer, sellers sent a signed counter with a deadline giving buyers 24 hrs, there was a “get a feel” question via text (nothing official). The next morning, buyers’ agent receives a text stating sellers accepted a better deal. The buyers signed the counter anyways... View More

Fred Bopp III
Fred Bopp III
answered on Aug 18, 2023

The answers to your questions will depend primarily, if not entirely, on the language, terms, and conditions of the offer and counter-offer. There are arguments to be made both ways. Generally speaking, an offer can be withdrawn by the offeror at any time before it is accepted by the offeree, but... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: What are our options if we are sued to complete a contract to purchase?

We made an offer on a nice off grid camp that we liked, mostly because it had a bathroom & shower. During the inspection it was discovered that condos are going in behind, there is a crazy neighbor, & parties. Doubts surfaced, and also loan offered wasn't the loan outlined in the... View More

Fred Bopp III
Fred Bopp III
answered on May 15, 2023

Typically, the form parties sign to terminate a Purchase & Sale Agreement contains language providing for mutual releases of all claims. Assuming that is the case, you should have a complete defense if you are sued to complete the purchase under the Purchase & Sale Agreement.

2 Answers | Asked in Real Estate Law for Maine on
Q: I bought a piece of property in Maine in 2008. It was broken off from a larger piece of property.

I am now trying to sell this property and I am told that there is a problem with the title. What can I do?

Anthony M. Avery
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answered on May 9, 2023

Hire a MA attorney to search the Title and make recommendations. It may involve a Quiet Title Action, Survey, Boundary Dispute Action, etc. Sometimes clouded Titles cannot be cured.

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1 Answer | Asked in Real Estate Law and Probate for Maine on
Q: finding a deed when it is not at the registry of deeds because it was unorganized territory we have a will giving it to

husband and brother were given land over 40 years ago. it is in unorganized territory which subsequently became indep. there is not a place in centerville to obtain land records any more. we have been to the court house and there is no record of the deed. all parties that were grantors are... View More

Anthony M. Avery
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answered on Apr 19, 2023

I have no idea what County you are referring to. But if no recorded Deed is in in existence, then the heirs might make claim (possibly arguing by adverse possession) and file a Quiet Title suit with publication notice. If the Will was Probated, then the Probate Court is your source of title and... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Does a security deposit get returned upon end of lease, or end of vacating the building?

I am moving and my roommate isn't (lease ends 4/30/23). He is starting a new lease with new roommates. The management company claims I will not be receiving my part of the security deposit back,and that we still owe this last months rent that we had paid upon signing the lease, due to... View More

Fred Bopp III
Fred Bopp III
answered on Apr 7, 2023

You should review the terms of the lease, which should specify when, under what circumstances, and how the landlord will return the security deposit.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Maine on
Q: What is the eviction process like in a probate related case?
Daniel J. Eccher
Daniel J. Eccher
answered on Jan 19, 2023

The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... View More

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