Maine Alliance for Road Associations
Alanna Brown wrote:Does private way carry a public easement on a private Rd. as a result of a road discontinuance where the road reverted back to the abutting owners with a right of way to abutters and owners then owning to the center line of the road.
Also If one buys a parcel of land at the end of said road and one owns land on both sides of the road hence owning to the center line then the owner sells property on both sides of the road to different people selling only to the old right of way boundaries ( as stated in the old and new deeds) and retaining the land with in the right of way conveying a right of way for ingress and egress and utilities, does title 23 give the so called road association all rights within that right of way not just the traveled way to the road association? I somewhat understand the maintenance and repair part of the associations rights. Some of my neighbors feel that they have the rights past their deeded rights to the stone wall and property lines to the center line of the right of way simply because it was once that way years ago . So to clarify my question under title 23 can they vote by majority to cut trees clear brush etc. for their own purposes with in the right of way that has nothing to do with the traveled way ?
Alanna Brown wrote:Does anybody out there have any information as to what " benifited by" actually means beyond the obviouse, as in who determines who benefits and by what use, as in ,overtraffic ,seasonal,abutting, etc. ?
I would appreciate hearing from anyone who has insight into this area of title 23 language, who is also willing to put their name on the response. As I don't trust that some of my midcoast maine neighbors wouldn't use this forum to misinform to their own benefit.
Grateful to have found MARA.!
The Maine Alliance for Road Associations