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Maine Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, does majority rule on selling a property if 1 owner doesn't agree? There is nothing in the deed saying "yes"

We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?

Fred Bopp III
Fred Bopp III answered on Apr 26, 2021

The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: A false lien was filed on property of our charity corporation. I need someone just request dismissal by the court.

A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... Read more »

Fred Bopp III
Fred Bopp III answered on Apr 21, 2021

I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My husband has a mortgage on our house and his mother had to be a co borrower. She has since abandoned the house

She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?

Fred Bopp III
Fred Bopp III answered on Apr 7, 2021

As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.

As far as her...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maine on
Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re buying a Maine home with inlaw unit with our only child and his wife, no mortgage.

Both familes are sharing the cost of the property. Should we put it in JT with ROS to protect all parties, or just put it in the name of my son and his wife.

Fred Bopp III
Fred Bopp III answered on Feb 3, 2021

The answer depends on a number of factors, including what the goals of the parties involved are. I would recommend you discuss your situation with a Maine attorney, who can provide you with guidance and advice once he or she has a better understanding of your circumstances and needs. My partner,... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: Can someone file a lawsuit regarding a property they don’t own?
Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2021

Yes, it happens constantly. Boundary Line Disputes and Easement Suits necessarily involve others' land. The defendant in Ejectment Suits may dispute title. Many other causes of actions are filed dealing with land titled to someone else other than the plaintiff.

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1 Answer | Asked in Real Estate Law and Legal Malpractice for Maine on
Q: In 2008 /09 I did loan modification, they never told me I was doing a new loan adding 10 more years ....
Fred Bopp III
Fred Bopp III answered on Dec 27, 2020

Have you carefully reviewed all the paperwork you received and/or signed at closing and does that paperwork fail to disclose the additional 10 years? If it was properly disclosed, then you would likely not have a viable claim.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maine on
Q: My mother has been taking care of some rental property for a man who is now deceased. What can she do to take ownership?

She lives in Maine, has been paying the taxes on the property and isn't sure if the deceased man has any family.

Fred Bopp III
Fred Bopp III answered on Nov 27, 2020

I am sorry, but I do not think your mother has any right to take ownership based on her paying the taxes on the property. If she is interested in finding out who owns the property now, then she should check the local registry of deeds records to see if the deceased man owned the property in only... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone who does not have right of way force you to remove a gate on your driveway. Their land is on other side.

Hello. We have just installed a gate on the road leading to our home. We own the land. Neighbors must use a portion of our road to reach their driveway which we gave ample room for with the install. Their right of way ends at their driveway. They were told about our gate install. The location was... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 27, 2020

I am sorry, but I am having a hard time picturing where everything is located based on your description. Also, you say “[t]heir right of way ends at their driveway.” But you also say they are demanding you “remove the post on their side.” You also ask if you are “legally forced to remove... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My name is on the deed with my ex husband but i am not on the loan. i live in the house and can not refinance on my owm

am i a successor? house was given to me in our decree. what options do i have?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2020

It sounds like you will need to find a co-signer with good credit if you want to refinance. If the mortgage company will accept payments from you, then you can simply pay the mortgage each month and continue to live in the house. Failing that, you may need to consider selling the house to pay off... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: Can I buy land in Maine without a lawyer or anything of the sort.what do I legally need to do when buying land privately

I want to buy the land cash I have all the cash for the said land...I do not have a lawyer and neither does she..she just wants it gone and doesn’t wanna spend anymore money I’m not worried about any deed issues or anything as I said she’s a school teacher in town I live in I’m just... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

Your situation is exactly why you need an attorney. Hire a competent local attorney to conduct a title search, then prepare an enforceable Deed. There are title problems that cannot be cured, and you do not want to have one. The cost should be minimal.

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1 Answer | Asked in Real Estate Law for Maine on
Q: What is the required process for remotely buying a for-sale-by-owner home with cash in Maine?

We are out of state, and want to buy an inexpensive "as is" house in Maine. We want to complete the sale as simply as possible, and we do not intend to travel there for viewing or to sign documents. We're not asking for any contingencies (i.e. no inspection etc.), we just want to buy... Read more »

Fred Bopp III
Fred Bopp III answered on Oct 2, 2020

Although a title company can likely handle everything with respect to closing the sale (but not with respect to preparing a purchase and sale agreement), you are probably well-advised to speak with a lawyer about your situation, especially given that you do not intend to travel to Maine for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: Is the landlord required to put a lien on the deed when you're in a rent to own home in Maine?

The documents that I signed clearly state that I'm responsible for the taxes on my mobile home. When I followed up with the town about why I have not gotten the bill, they told me that the landlord/seller (also owns the park) is keeping it in their name and is refusing to put it in my name.... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 30, 2020

It sounds like what you are talking about is a land installment contract, the minimum contents of which are specified in 33 M.R.S. § 482.

33 M.R.S. § 482(1)(K) provides the land installment contract shall contain: “A statement which explains that the contract is not a mortgage and that...
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1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on
Q: Who pays when the bank forgets to deduct utilities from the sale of a house?

We closed on the sale of our house August 3, 2020. I called the utility company to find out what the final utility payment would be and was told the payment amount would be given to the realtor to be deducted from the proceeds of the house. The bank only deducted $100.00, not the total amount of... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 16, 2020

Did you receive an extra $374.50 in sale proceeds because the bank only deducted $100.00, not the total amount of $474.50, from the sale proceeds? If so, then you have to pay the $374.50. That puts all parties where they should have been. Plus, your closing documents probably contain language... Read more »

1 Answer | Asked in Real Estate Law, Municipal Law and Probate for Maine on
Q: How to clear the house title

My gram passed (no will) and her husband passed 6 moths later (no will step kids only) After she passed he never titled the house in his name. the hiers from my gram are all on the same side. gramps parents and siblings are all passed. Does the title to the house stay with my grams estate since he... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Hire an attorney in Maine to conduct a title search. You have not stated what estate the grandparent had. Once the title is determined, then the heirs at law are determined. Heirship needs to be determined up to the present, and these are owners as tenants in common. A complex Affidavit of... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My girlfriend and i purchased a house together in 2006 in Abbot Maine. We split up 3 yrs ago and have both moved on with

Our lives and the house is still in both our names.. She is living there still and i want out of the mortgage without losing my half of the house. What steps do i take?

Fred Bopp III
Fred Bopp III answered on Jul 20, 2020

You would need to refinance the property so that your name is not on the new loan. You will need your ex-girlfriend’s cooperation to explore that possibility.

1 Answer | Asked in Real Estate Law for Maine on
Q: Is the person holding the mortgage loan on a home purchase required to be listed on the deed in Maine?

We are getting ready to close, my husband would prefer not to be on the deed for personal reasons even though the mortgage is soley in his name

Fred Bopp III
Fred Bopp III answered on Jul 18, 2020

The mortgage lender will almost certainly require that your husband's name be on the deed, but you can always ask the lender.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I owe 875 dollars back rent and she is also suing me for a plane ticket she bought me. We had no lease

I did agree to pay 875 in text

Fred Bopp III
Fred Bopp III answered on Jun 27, 2020

You likely owe the amount of $875, even without a written lease, because leases can be oral and, as you say, you agreed to pay that amount in a text. It is difficult for me to respond on the plane ticket. What was your and her understanding at the time she bought the ticket? Was the ticket a gift... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: Who owns property left in house/garage after closing. Located in Maine.

We closed on our new home a few days back. It stated in our contract the property was to be empty at closing, during the final walk through the seller still had loads of stuff left behind. We verbally agreed to grant an additional 3 days for them to move out. It’s the 4th day their dragging their... Read more »

Fred Bopp III
Fred Bopp III answered on Jun 21, 2020

Although I realize this is not a landlord-tenant situation, I would think if you followed the procedure outlined under Maine law for personal property that is abandoned or unclaimed by a tenant following the tenant’s vacating a rental unit, which can be found at 14 M.R.S. § 6013, you should be... Read more »

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