Legal Question in Real Estate Law in Maine

Concern about right of way road being discontinued

I have just bought land in Freeport ME which has an old deeded right of way for access to the property. The road which continues through the property and ends up on another road is no longer maintained by the town, but the road, including the right of way has never been discontinued according to the town. The abutters are now claiming that since the road no longer is maintained by the town after 20 years, the land reverts to the abutters along the right of way. Could you find the laws that might pertain to this problem? Thanks for your help.


Asked on 12/02/03, 10:04 am

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

Re: Concern about right of way road being discontinued

The legal rights with respect to an easement and/or a discontinued roadway are complex and may turn on specific facts. Therefore, although I can confirm for you that Maine Statute does provide for "quiet title" lawsuits and in particular for roadways at 14 MRSA 6651 et seq., the analysis of your issue would require further contact with my office that really cannot be made via email. I would be willing to discuss further if you wish to call me at 767-4824 or email to me your contact information.

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Answered on 12/02/03, 11:31 am


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