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Maine Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Maine on
Q: Can you seek an easement if you're a renter and there's no way to drive off the property you're renting?
Fred Bopp III
Fred Bopp III
answered on Nov 5, 2018

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

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1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, if a buyer defaults on a purchase and sales agreement and does not purchase the home - what can the seller do?

We made an offer to purchase a house waiving the inspection period. If we are no longer comfortable purchasing the house (and the seller is not interested in accepting a withdrawal), what is the most they can do?

Obviously they keep the deposit. Can they sue? For the purchase price? For... View More

Fred Bopp III
Fred Bopp III
answered on Nov 3, 2018

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

1 Answer | Asked in Real Estate Law for Maine on
Q: I own 4 deeded timeshare units if all taxes,dues,fees have been paid in 3 can I be blocked from use in any of those 3

When there is a dues balance in the 4th?

Michael Hales
Michael Hales
answered on Jun 29, 2018

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

1 Answer | Asked in Real Estate Law for Maine on
Q: I owe 4 deeded timeshare units,Can I be blocked from using 3 units if dues,taxes,and fees have been paid

Due to medical debt even after I advised the board and have been paying balance down monthly on the 4th unit--the board has blocked the 3 that have been paid in full

Michael Hales
Michael Hales
answered on Jun 29, 2018

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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on
Q: I have a squatter problem in my deceased mother's house.

My mother passed away in her home in Maine she was letting her cousin stay there for the time being until the summer summer has come along and he is going to leave but he let his nease and her boyfriend move in without asking us now they won't leave the house they are not even related the... View More

Daniel J. Eccher
Daniel J. Eccher
answered on May 15, 2018

You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maine on
Q: I am in a lease/option contract. The owner and I have found a buyer and is under a contract. Doesn't that void mine?

The buyer has a 30-day contract to buy the house..the title work was begun a month before his contract was signed. There is a 'gap in ownership' that the title company says is not an easy fix. They claim it could drag on for awhile. The owner is doing nothing to repair the title and... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 22, 2018

More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.

Depending on the problem with the title, it may not be worth exercising your option right now.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Maine on
Q: Demanding money to sign quit claim deed extortion?

Had 90 days to refinance, paid loan off 5 years in because bank wouldn't refinance. maliciously, She threatened contempt because loan wasn't paid in time 16 years after the fact unless we give her money to sign quit claim deed. Which is court ordered for her to do. I feel like that's extortion.

Joe Lewis
Joe Lewis
answered on Jun 12, 2017

Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.

Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand,...
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1 Answer | Asked in Civil Rights, Estate Planning and Real Estate Law for Maine on
Q: Does he have any rights to the house he lives in--doesn't own, but pays for?

My boyfriend still lives with his mother because she can't afford living in the house by herself; however, she just sold the house while he is still living in it. Does he have any rights? Thank you

Jonathan R. Roth
Jonathan R. Roth
answered on Mar 25, 2017

No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.

1 Answer | Asked in Real Estate Law for Maine on
Q: I co own undeveloped property in the state of Maine I own 2 thirds partner 1 third my partner has refused 2 pay their

share of taxes 4 last 7 years can I have them removed from title what r my options if I sell

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2017

Contact a Maine real estate attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on
Q: Estate issue with two parents (Dad/Stepmom) who died without wills.

Our father died without a will in 2012. His home in Frankfort Maine went to his wife, our stepmom, the surviving widow.

It seems that she, and her family never got the property legally put into her name. She died this past fall, also without a will, and her children are having trouble... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Jan 31, 2017

Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign.... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: How can I acquire an abandoned parcel of land next to my home that has no record of ownership or taxes being paid?

The property is located in Hancock County, Maine and is approximately 0.3 acres. It is landlocked by 4 other properties and does not have street access. When I originally inquired about the property town hall couldn't find records for either ownership or taxes. They did some research and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2015

I don't know what "documents verifying non ownership" would be, other than a statement by them that they don't think they own it.

You need to do a title search to figure out who has record title. If it is landlocked, chances are that one or more of the adjoining...
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1 Answer | Asked in Real Estate Law for Maine on
Q: My mom deeded her house to me in 1996, she passed away in 2007. Can my siblings sue me for a share of the house now?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 7, 2015

Probably not, but we do not know all of the facts that we need to know to be able to answer solidly.

1 Answer | Asked in Real Estate Law for Maine on
Q: i have been living with my father since 2005. He died earlier this year. Do I have any rights to continue living there?

She has told me that the house is to be sold and divided between the 2 of us. Is it possible that I can continue living there without buying her out? Can an arrangement be made that if/when house is sold she gets half of procedes? She has a house of her own and I do not, hence why I had been... View More

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

The will should be reviewed to help answer this. The will or your State's law will determine who gets the house. Separate from that, additional details can be negotiated. Talk to a local probate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement...
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1 Answer | Asked in Real Estate Law for Maine on
Q: Are there any legal actions I can take?

My neighbor at my vacation home is constantly using our property without permission and also kills or removes trees that separate our land from hers, but are in fact on our property. We have replaced the trees multiple times only to find them dead or missing the next time we visit the cottage.... View More

Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

I don't practice in Maine, but that sounds fishy. Talk to a Maine real estate lawyer about your rights and options. A strong letter from your lawyer may help. Depending on Maine laws, you may have a civil claim against her for damaging your property. There may also be criminal... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Can a father sell his property before his death to his children legally? Or could the children loose it after the death

The father has cancer. He wants to make sure his children get the property, but at one point he received assistance for medical bills

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Best to talk to an estate planning lawyer, who can look at the big picture and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
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1 Answer | Asked in Real Estate Law for Maine on
Q: I added a garage to a house I was living in with intentions to buy. The owner has gone back on his word to reimburse

I was living in an unfinished modular home, owned by my wife's stepmothers husband. We had a verbal agreement that we would live there rent free for 2 years with the condition that I finished the inside, (paint etc) which I did. I also added a garage also with verbal agreement that I would be... View More

Charles Snyderman
Charles Snyderman
answered on Jul 5, 2014

You might be able to recover on the theory of unjust enrichment, but you should definitely consult with an attorney to discuss further.

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