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Maine Alliance for Road Associations

Easement Agreements - Necessary for Statutory Association?

  • 02 Aug 2012 10:40 AM
    Message # 1030710
    We are in the process of forming a statutory association using MSRA and state guidelines.  Approximately one-half of our road is owned by a non-profit corporation association.  We will have the non-profit corporation assn members vote to turn over maintenance, assessments and collection of dues and the right to conduct maintenance on their portion of the road to the new statutory association.  The other half of the road is owned by two separate property owners with easements granted to the other property owners on that end of the road.  Do we need to have some type of easement agreements from those two property owners to conduct maintenance on their portion of the road? If so, do we need to have the agreements prepared by an attorney or is there a template we can follow?  We only have 16 members so funds are limited.
  • 04 Aug 2012 8:12 AM
    Reply # 1038461 on 1030710
    Anonymous member (Administrator)
    Yes, I do believe you need easements. A template for one, you might find with an online search, or perhaps you can ask an attorney with experience in road law how much he would charge for one. If you did the legwork that might suffice. 
  • 05 Aug 2012 12:41 PM
    Reply # 1039019 on 1030710
    Deleted user
    Where do you find an attorney with road law expertise? Bob
  • 05 Aug 2012 4:45 PM
    Reply # 1039135 on 1030710
    We were referred to Ed Collins in Rockland.  We have limited funds available so we are attempting to do as much work ourselves as we can to establish a statutory association.  We are consulting the attorney mainly for issues pertaining to the existing non-profit corporation --which has jurisdiction over appx one-half of the road--and how we can overlay the non-profit corporation with the statutory association.  Vicky
  • 06 Aug 2012 8:28 AM
    Reply # 1039794 on 1030710
    Deleted user

    Vicky

    Thanks.  Is Mr Collins definitely a road law expert or just someone you chose that was recommended.  Maine laws about roads are tricky it appears and with old legal descriptions, old deeds, etc. it can get messy.  Would like to ask for someone specifically doing a lot of road work. 

    Bob 

  • 06 Aug 2012 5:45 PM
    Reply # 1040284 on 1030710

    Bob,

    He was referred to me by a local attorney who several people on the road knew and recommended.  That attorney told me that if I needed someone with road association experience she would recommend him.  I do know that he has/is working on other road associations.  I believe most of those associations are formed as a requirement when a developer submits a subdivision plan to the Town. Sorry, but I really can't provide much more info on his experience. 

    Vicky

  • 08 Aug 2012 8:49 PM
    Reply # 1042335 on 1030710
    We met with our attorney today and were told that we would not need easements for the appx. one-half mile of the easement that is owned by two individuals since property owners have easement rights in their deed to use this easement and the two property owners are going to be statutory road association owners.   As to the non-profit corporation that owns the first half of the road, it was recommended that we have the members of that association vote to turn over maintenance responsibilities, assessment for maintenance and colletion of assessments to the new statutory road association which covers the entire road.

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