Legal Question in Real Estate Law in Maine
Easement
I have recently purchased property where the deed has an easement with a telephone company that no longer exists. It has been bought out numerous time and now belongs to the present owners. My deed states that the original company has an easement. Does the present owners have a legal right to the pre-existing easement?
Asked on 6/08/06, 3:12 pm
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Re: Easement
The question cannot be answered without a review of the easement grant language. Depending upon how it is worded the easement may have been for that entity only, or more likely, it was assignable. However, the language needs to be looked at- does it say "a perpetual easement to X, its heirs and assigns..."?
Answered on 6/09/06, 7:50 am