Maine Q&A by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Comp
Maine Questions & Answers
Q: Does a 30 lot subdivision accessed by a private road allow lot owners to use said road only to access their property?
The subdivision is a statutory form of HOA and each lot owner contributes $200 per year for the annual maintenance in accordance with a Road Maintenance Agreement. One member is trying to make a case that lot owners have ingress/egress rights only to their respective property and no further. The... Read more »
The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and... Read more »
Q: We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.
I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer place because we... Read more »
I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a... Read more »
Q: my sisiter owns a home in Fla. she would like to put me on the deed, I live in Maine . Do I need to physically be there
I don't know what Florida law requires, but I doubt it. If she is having an attorney draw up the deed in Florida, they will know.
Q: Can my landlord increase my rent in the middle of a lease?
Can I withhold rent if there are issues with my apartment that arent being fixed?
You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... Read more »
Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.
I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it or if... Read more »
It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured,... Read more »
Q: As a PR, how do I go about conveying my mother's house to my sister?
She is named in the will but I don't know what is needed for her to actually own the house.
The general answer is you (as PR) would need to execute and deliver a deed regarding the subject property from the probate estate to your sister. I would urge you to contact an attorney to make sure this is done correctly. My partner, Cecilia Guecia, handles matters like this. You can reach her... Read more »
Q: I had a fraudulent charge ( somebody took money out online as cash advance), I got message from Bank Of America.
I went into the bank second day and reported, they investigated, first I got a letter said I am not responsible, then I got another letter said I am responsible for it, plus he open checking on my name and deposited $1000 into the account and Then transferred money out. It took the bank along time... Read more »
It is very unclear what exactly happened here; I cannot see where you have told us how much money was taken out of your account by a cash advance; and I am still uncertain if there was more than one account involved.
In any even, banks can close a client's account whenever they want to;... Read more »
Q: We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?
She has been driving by our house at a crawl, walking around our yard, and when she thinks nobody is home, she enters the home to put notes on our stove. I just want to know if this is legal since she owns the lot and not the trailer we live in or if we can get a protection order or something to... Read more »
To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?
That said, and subject to the terms of your lease, I would... Read more »
Q: Can I counter a low ball offer on my home and land with several options for the buyer? I am in Maine.
The answer is yes, but you should also understand that any counter you make will be deemed a rejection of the offer you received.
Q: I’m looking to buy my mother’s house and wanted to know a few legal questions.
I’m buying my Moms house. She is 85 and wants to live with us but the home is small. She is giving me a deal on the home so that I can borrow more money, which she would receive and then gift me back the money so we could put on a second level. The question is, will Medicaid be able to take the... Read more »
On first blush, without knowing the details, I would advise that you and your mother delay this plan until she has consulted with an Elder Law attorney who has experience with Medicaid (known in Maine as “MaineCare”) applications. The situation you described is fraught with the potential to a)... Read more »
Q: real estate q. / 2011 divorce & family land?
in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?
My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.
Thank you and best,
Fred
Q: Do I have to give a customer back money on an overpaid check. (Private sale)
A customer in Florida sent a Cashiers check to me (I am in Maine). He sent a check for more than he meant to pay, my question is am I legally obligated to pay him back the extra money?
I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the... Read more »
Q: What to do US District judge order! "there is in effect a stay in place with appeal." Yet, 2 parties took property!
There are no lawyers in Maine who know what to do? They took my business and the house.People say to me , " they can' t do that "? I reply " they have". MOST awful experience. So I am in first circuit and they ignore the case.18-1930. If there is an attorney out where who can help me. I... Read more »
I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.
Q: Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information
An attorney represents me in a case. Never signed off from the case. meantime he started to represent an important decision maker from the opposing party. Never asked my permission, agreement, consent, and so on.
Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.
Q: Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?
I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?
Q: Got evicted on a lease rent do they have to go threw the court if we dont leave
We we're evicted because the rent was late never missed a payment but was late my husband and ground keep got in a argument thats when we received the notice do they have to go to the court to get us out or can they just do it thank you
The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.
Q: Failure to discover early issues with property ownership in 2003 Title Search cost us 2 sales and attorney’s fees to fix
I am seeking reparations for the legal fees incurred. Where do I start, who do I see?
I would suggest that you collect all your important documents and other information on this and schedule an appointment to sit down with an attorney who practices in this area to determine if she or he can help you. My partner, Cecilia Guecia, practices in this area, if you are interested in... Read more »
Q: How do I subpoena a witness? How many days before trial does witness need?
You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks
Q: Blasting within 1.5 miles of home- in disclosure?
If there is a cement plant that blasts over 100 times per year (effectively twice a week) exactly 1.5 miles from a home, should that be included in a real estate disclosure?
This is a noise concern but the blasting creates large amount so of dust (I'm not sure how far that spreads). The... Read more »
A seller has a duty under Maine law to disclose "any known defects." The question is would this cover the blasting. A seller has a duty under Maine law also to disclose "the presence or prior removal of hazardous materials or elements on the residential real property . . . ." The question is... Read more »
Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements
It was my cousins apartment she was on a month to month basis she couldn't afford her half of the bills and moved I still pay the rent can landlord make me move when I been paying the rent or do they have to evict me threw the courts
I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law.... Read more »
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