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Maine Alliance for Road Associations

Rights of subdivision owner.

  • 11 Dec 2012 7:02 PM
    Message # 1157730
    Deleted user
    This is a question that is destroying our legally formed road association & WE NEED GUIDANCE!
    Pre-2002 1 individual owned over 100 acres of land. In 2002 he submitted to the town to Subdivide, which was granted. In mid 2002, two lots were sold, 3rd in 2004. In 2006 3 more. Which in 2012 is a total of 7 lots. In 2003 a Road Association was filed with the registry of deeds. In 2011, lot owners discovered this and formed the association. The original owner still owns a lot, but does not take part in the association. The association has formed and invested 2000.00 in maintenance in 2012. Recently original owner (who I assume owns the soil under the road) changed the direction of the road without permission. What rights does the association have to a civil suit? The town says he can do whatever he wants. We are out $2000.00 and the rights of any further road maintenance.
    Please someone help!
  • 12 Dec 2012 8:46 PM
    Reply # 1158622 on 1157730
    I believe it is not legal to sell a lot that does not have a right of way to get in and out; you cannot legally sell a landlocked parcel. I believe the town is wrong. But I am not an attorney. You have not lost the $2K. But you may need to consult an atty who knows road law and get him to write a letter to the town. 

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