Anonymous wrote:
Todd Tolhurst wrote:If anyone is interested in how Maine's Private Ways law has evolved over time, I've assembled the various versions and amendments I have been able to locate online and with the help of the Maine State Law and Legislative Reference Library at http://www.fireroad53.com/MaineLaw/history.html.
Todd,
Does a private road owner have any rights as to the use of his road?
If the parcel owners wanted to form a "Legal" association ,which they don't have,and all the lots are fifty feet on the road. Each parcel owner could purchase the portion of road , that runs with their parcel,for a reasonable price.That way each parcel owner would have equal rights in the Association.
Todd,
Quick question,thanks for all of your knowledgeable imput.
3101 states Private Way,road, is per 3021 sec 2 That states public easement as follows:
2. Public easement. "Public easement" means an easement held by a municipality for purposes of public access to land or water not otherwise connected to a public way, and includes all rights enjoyed by the public with respect to private ways created by statute prior to the effective date of this Act.
What does this mean "an easement held by the municipality" and also
"with respect to private ways created by statute prior to date of this act?"
Does not 3101 refer to easement held by a municipality and not a road with deeded ownership, from original development plan,to a single party?
This is all so confusing. The road has signs that state "Private Road" and is is over 1500 ft long.
You mentioned the deeds on the road as far as "easements ". Our deed states travel allowed over private ROW to our property,I am told other deeds state the same from original development.
Todd, please explain the difference between Easement,and Right of Way over private land.
I know you are not a lawyer but we follow your posts and you should be.