I'm not sure there is any definitive case law in Maine in this issue, but I do know, in at least some other jurisdictions, courts have held that only an owner, and not a renter, can seek an easement. That is because the renter's use generally inures to the benefit of the property owner.... View More

You should really sit down with an attorney who practices in this area and discuss your objectives. My partner, Cecilia Guecia, has considerable experience in this area and I am sure she would be happy to talk with you. She can be reached at (207) 846-6111.

i would love to answer this question but it is really vague. i dont usually hear a court "requesting" any thing. Courts usuallly issue orders which are not requests. if you can explain in more detail what is happening then i might be able to give you a better answer.

There are possible sophisticated strategies available, but timing is critical, and you would really want to consult with an attorney who specializes in this area.

If judgment has entered against you, you can possibly appeal if the time period to file an appeal has not run. There may also be a lack of notice issue, but I can't tell from these facts. In any event, if judgment has entered, it would not be a counterclaim, you would need to bring a new... View More

The answer will depend, first and foremost, on the terms of the purchase and sale agreement and, more specifically, the remedies provided to the seller under that document. Generally speaking, the seller typically can keep the deposit in lieu of filing a lawsuit, but the seller may also (in the... View More

Assuming you can prove that a valid contract was formed, you can likely sue for your damages, but you will need to provide evidence supporting the amount of any damages you claim. It is probably unlikely that you could sue for specific performance unless no other remedy (such as an award of money... View More

Generally speaking, once you signed the new lease, you're bound by its terms, unless, for example, you have a claim that you were under duress at the time you signed it (which is very difficult to prove). I would suggest contacting CMP to see if they can help you sort out exactly what portion... View More

A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the... View More

Is there an arrest warrant ?

This sounds hypothetically as if it would constitute trespass, a misdemeanor-level offense. However, I'm not certain that under these circumstances you would be charged. Another concern would be a property owner who thinks a trespasser is there to cause harm and accordingly shooting said trespasser.

Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.... View More

Hi there.

Tough situation, of course, but there is good news and bad news for you.

The good news is that the courts will only look back over the past six years, not the full 11. The other good news is that many payments you made to her toward support of your second child (clothing,... View More

Because the founding fathers wrote it that way in 1789

This will depend on the bylaws or internal rules of the resort/management company. I'm guessing this is a smaller resort because most of the large companies (headquartered in Orlando) that I've worked with wouldn't do this unless all ownership was combined into one unified points system.

I just answered this on your other post, but let me know if you still have questions.

It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.

There is no way for us to know what the prosecution will be seeking in your case, but in my experience defendants with little or no criminal history who face misdemeanor-level theft charges are generally offered a fine and restitution if they plead guilty.