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Maine Alliance for Road Associations

Abuse of Power?

  • 14 Oct 2016 4:04 PM
    Message # 4306485
    Deleted user

    Hello.  

    I am a member of Maine Association of Road Associations.  We live in Stockton Springs and are having a series of unusual and rather serious problems with a town Selectwoman and her husband (planning board member), who are also the Vice President/ Secretary and Treasurer of our 18 year old Road Association.  Without any notice before of since, this couple purchased the land under the two roads serving our neighborhood and are claiming that they now own a 40 foot strip of land over the properties of the seventeen families who live or own land abutting these roads - all members of the Rocky Point Road Association.    They, as town officials,  have requested of the assessor, in two letters from their lawyer, to “modify" the tax maps and other records to read and reflect these erroneous dimensions, falsely advising the assessor that the registered deeds of all involved property owners already contain these erroneous road dimensions. . In addition, they have already cut 24 trees on our own property in a unilateral action to widen the road onto our property claiming that they now own a 40 foot wide strip of our land . 

    We have had our lawyer write to the assessor, to their lawyer, and six other homeowners and members of the association have written to the assessor as well.

    I am writing to share this, and to ask advice about what steps we might take, and which Government agency would have jurisdiction in this situation.   It seems to many of us that what the selectperson is doing is against the law, and perhaps the District Attorney would be able to help us. Our lawyer terms their action and “administrative taking, i.e., the town acting in concert with [the selectperson] to transfer land from a property owner to the [themselves).  I would note that all land owners along the various roads might have a similar claim.”   

    I am very grateful for any advice you might offer us.  

    All the best.

    Lorin  Hollander

    (Member) Rocky  Point Road Association

     Stockton Springs ME 04981

    lorin@lorinhollander.com


    Last modified: 14 Oct 2016 4:05 PM | Deleted user
  • 09 Feb 2017 10:42 PM
    Reply # 4601778 on 4306485
    Anonymous member (Administrator)

    Yikes!  Sorry this is rather a late reply, but it seems no one else has wanted to touch this one, so I'll give it a try.  Have you gotten anywhere fighting it?  Here is what I would try.  First, who owned the right of way before, that these people were able to buy it?  I would want to get a hold of the deed and examine it very carefully.  Where did their predecessor-in-title get the land?  Was it laid out as a subdivision road?  What were the dimensions when it was laid out?  Next, I would look at all the deeds of the abutting properties.  Do they grant the lot owners access over the road?  Do they require membership in a road association?  Do the deeds even mention the road or its dimensions?  Is there a subdivision plan filed with the registry of deeds?  If the road was indeed laid out at 40 feet wide originally, there may not be much you can do.  But if it wasn't, you may have a case for "timber trespass," if nothing else.  Are other lot owners also objecting?  I'd like to hear what new developments there have been since you posted this.

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