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Maine Alliance for Road Associations

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  • 08 Jul 2009 10:59 AM
    Message # 192885
    Anonymous member (Administrator)
    Members may create a topic here to post on issues around forming and running road associations under the Maine Private Ways law.

    Also, if you want your contact information available to other members, log in and go to your profile. Click on "view profile" and then access by others and specify whether to show or hide your information. If you select "show," other members may contact you.
  • 08 Jul 2009 1:03 PM
    Reply # 192930 on 192885
    Ray
    Thanks Betsy for this forum.  I predict much lively discussion and sharing of information here.  I do not see how to start a new thread so will just jump in and if the moderator (Besty?) sees fit, she can move it around.  I would like to know more about the lien process or a pointer to a good source of info for same.  Also if anyone has any thoughts on pursuing a judgement rendered in your favor from small claims court.  Is the financial disclosure procedure worth the added work?
  • 08 Jul 2009 1:45 PM
    Reply # 192953 on 192885
    Tom
    We live on a private road that is owned by a logging company. We have the right to access our property using this road in our deed. There is 34 camps and homes that use this road. My question is, Does the owner of the road have any responsibilities in maintaining the road? At the present time we started a road association and we have been maintaining the road for the last four years with no help from the logging company.
  • 08 Jul 2009 5:21 PM
    Reply # 193087 on 192885
    Todd Tolhurst
    Tom -

    Assuming that your road isn't "constructed or primarily used for commercial or forest management purposes", it seems that the company which owns the road would be subject to any assessments levied by a statutory road association.  I'm not sure how you would determine the company's portion of maintenance expenses, but so long as it meets the statutory requirement of being "fair and equitable", they would be required to pay the assessment.

    Since the owner is a logging company, however, you'll want to check out the exclusion for "commercial or forest management purposes" carefully. 
  • 08 Jul 2009 7:55 PM
    Reply # 193113 on 192930
    Anonymous member (Administrator)
    Ray wrote:Thanks Betsy for this forum.  I predict much lively discussion and sharing of information here.  I do not see how to start a new thread so will just jump in and if the moderator (Besty?) sees fit, she can move it around.  I would like to know more about the lien process or a pointer to a good source of info for same.  Also if anyone has any thoughts on pursuing a judgement rendered in your favor from small claims court.  Is the financial disclosure procedure worth the added work?

    My understanding of this is just what's in the manual -- quoting:

     What civil action? The more typical course is bringing a small claims court action. Once a judgment is obtained, then a writ of execution may be readied at the Registrar of Deeds to be a lien on the property. Notice of the recorded lien must be given in accordance with statute. 

    What may be collected? Assessment plus cost of suit and reasonable attorney’s fees may be collected.

    Beyond this, I'll have to try and find out more and get back. Betsy
    Last modified: 08 Jul 2009 7:55 PM | Anonymous member (Administrator)
  • 03 Oct 2011 9:37 AM
    Reply # 714005 on 192885
    Anonymous member (Administrator)

    What civil action? The more typical course is bringing a small claims court action. Once a judgment is obtained, then a writ of execution may be readied at the Registrar of Deeds to be a lien on the property. Notice of the recorded lien must be given in accordance with statute.

    Is the "statute" that is referenced 

    MSRA 36 TAXATION, Part 2, Chapter 105:

    Subchapter 9: DELINQUENT TAXES, Article 2: §942. Tax lien certificate

    or is it another one? Thanks, PED

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