Legal Question in Real Estate Law in Maine

The deeds for our land, going back until 1957, encompassing a number of owners, indicate the lot next to us has a "certain 15' ROW" through our land. But in 1945 the deed refers to the ROW as being for the use "on foot, for the driving of livestock". Does the specific definition still apply, or do the subsequent broad wordings supersede the restricted to livestock ROW? People looking into buying the land are being told by the realtor they could put in a gravel path wide enough to drive a vehicle on but the locals tell us that unless they have cattle with them, they can't cross our land.


Asked on 8/04/12, 7:22 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

The answer to your question will depend on a review of the deeds in your chain of title, as well as the deeds of the other lot. The use of the ROW over the years may also be important. The realtor of course wants to sell the land, so is saying what will help sell the land. Typically easements are limited to how they were created, and unless explicitly expanded, or expanded by use, they do not change.

I would be happy to look into this for you. Feel free to contact me to discuss it further.

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Answered on 8/05/12, 6:02 am


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