Legal Question in Real Estate Law in Maine

7 Joint Tenancy owners have a small lot (100' x 100') on the shore of a lake for parking - no improvements. 5 want to allow a neighbor to build a boathouse and allow him to treat it as his personal property - 2 do not. We would get use of 1/2 the boathouse (for free). Can the 5 do so?


Asked on 1/04/11, 6:31 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

If I represented the neighbor I would not advise investing any $ in improvements unless my client received an easement from all 7 owners. That is because the 2 disgruntled owners could bring legal action to require a buy-out with the other joint tenants, and also bring legal action to enjoin the neighbor's boathouse. So, as a practial matter it is unlikely this will proceed without unanimous agreement, even though the 5 "could" permit the neighbor to such an easement at his risk.

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Answered on 1/10/11, 5:10 am


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