Legal Question in Real Estate Law in Maine

I own a property with an owners 20 ft.wide deeded right of way to the shorefront on Casco Bay. One day I found my next door neighbor digging a trench with a backhoe on my right of way, down by the high tide line. I asked him what he was doing and he said that the owner of the property that my right of way went through had given him permission to dig a water drainage trench on my right of way. My question is: Is this legal ? What are my rights and responsibilities with this deeded right of way ? Thank You; Alan Beck


Asked on 10/04/11, 2:03 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

It is not categorically legal, or categorically not legal without more factual development. The specific language of the easement to you would need to be reviewed- is the easement only for "access" or "pedestrian travel", or references the transportation of boats through the easement, etc.

Also, the drainage trench needs to be evaluated to the extent it impedes the access. Does it make it more difficult to walk across, but passable, or is it no longer reasonably useable? A related issue is the the owner of the property can allow the easement to be impeded if you are provided with a comparable alternative route on his/her property.

You generally do not have any responsibilties associated with an easement except to keep it passable, and to put the owner on notice of any problems such as the one you have outlined herein. Your rights are reflected in my comments above. Feel free to contact me outside of this forum for additional assistance.

www.atrlaw.pro is my website with contact info. Thank you.

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Answered on 10/04/11, 2:28 pm


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