Legal Question in Real Estate Law in Maine
Adverse possession of real estate
does the law of adverse possession still apply if a property is sold to a new owner, or does the adverse possession law stay intact for life. in particular, a set of stairs is on the property of the abuttor. the law allows for adverse possession after a certain number of years therefore the stairs may not be removed. however once the property is sold may the abuttor now order the removal of said stairs?
1 Answer from Attorneys
Adverse Possession in Maine
When someone acquires a right by adverse possession in Maine, under the circumstances you mention, it is a property right which "runs with the land". Therefore, the new owner of the property with the encroaching stairs has the same rights to continue using them that the previous owner did. Please note, however, that no one actually has a right by adverse possession until a court says so. (Of course, any attempt to remove or block the stairs would probably lead to the filing of a complaint with the court.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
