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Maine Real Estate Law Questions & Answers
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, 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 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 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

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 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 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 Real Estate Law and Military Law for Maine on
Q: What can I go for as far as damages when a seller fully breaches a contract for a home sale?

Sellers home loan fell through on their home purchase, however, our contract to buy had no contingency about the seller purchasing a home. We were unaware they were waiting to purchase one. Seller did not show up to closing, and informed us just an hour before our final walk through they were... View More

Fred Bopp III
Fred Bopp III
answered on Jul 19, 2022

Depending on the terms of your Purchase and Sale Agreement, and assuming the sellers have breached that Agreement, you have two general options to consider pursuing, which are mutually exclusive. First, you can seek the return of your earnest money deposit. Additionally, you can seek money damages... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: How do I get beneficiary of estate to vacate the property?

I am legal representative and other beneficiary. It was stated in the will that the property would be sold upon death. I am starting the sale of the property and need her out in 30-45 days. How do I get her out.

Fred Bopp III
Fred Bopp III
answered on Jul 7, 2022

To properly answer your question, I would need to review the terms of the will. You may need to pursue an eviction action, which can be complicated. You should consult with an experienced attorney.

1 Answer | Asked in Real Estate Law for Maine on
Q: I co-own a camp with two family members, all three of our names are on the deed. I can I have them buy me out?

Or sell the camp and split three way?

Fred Bopp III
Fred Bopp III
answered on Jun 8, 2022

Generally speaking, the short answer to your questions is yes, but that answer could be impacted by the terms of the deed conveying the property to the 3 of you, any related documents concerning your joint ownership of the property and its potential sale, and how the three of you hold title to the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Is the seller supposed to disclose issues with the property when selling it?

I learned from the tenant in the apartment that when it rains bad water runs down his wall from ceiling to floor inside the apartment

Fred Bopp III
Fred Bopp III
answered on May 9, 2022

The short answer is yes, the seller is supposed to complete a Property Disclosure form, which the seller provides to prospective buyers, and that form should contain information about this water issue (assuming it is accurate).

1 Answer | Asked in Real Estate Law for Maine on
Q: In a new development, is the builder required to provide grading and drainage plans to the buyer before signing the PS?

After signing P&S and before grading and drainage plans were shared, swales we’re installed on two sides of the property. 7 months after closing a swale on the 3rd side is now also being installed.

Fred Bopp III
Fred Bopp III
answered on Feb 24, 2022

You should consult with an attorney who has experience in this practice area and can review all the relevant documents. This question cannot be answered effectively in this forum based on the information you have provided.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: What means do I have for removing someone from a property deed? I'm the only one on the mortgage. Not married.
Anthony M. Avery
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answered on Dec 22, 2021

You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.

1 Answer | Asked in Real Estate Law for Maine on
Q: Can I refuse to sell my property to certain named individuals (my neighbors) even if they produce a full price offer?

I am planning on selling my house in the near future. I have a poor relationship with my neighbors but they would like to get their hands on my property. I want to ensure they cannot buy my property in any way.

Fred Bopp III
Fred Bopp III
answered on Nov 23, 2021

As a general rule, a seller is not obligated to accept an offer (even a full-price, no contingencies offer) from a potential buyer and, as long as you do not refuse an offer based on racial or other forms of illegal discrimination, you should be able to decline to sign a purchase and sale... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Boyfriend and my name on deed but mortgage in my name. If we sell house, does he get money?

He brought no cash to the table and it is all my money. Mortgage is in my name only

Fred Bopp III
Fred Bopp III
answered on Aug 17, 2021

I would need to know more facts, but the answer is probably yes because he is a co-owner of the property. An important question is how do the two of you hold title to the property - as tenants in common or joint tenants? You should consult with an experienced Maine real estate lawyer who can review... View More

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