Legal Question in Real Estate Law in Maine

The landowner put the fence up for "privacy," thinking it was on his land. Another family wanting to use the right-of-way (who have 2 small children) and who want to sell their property wanted the fence removed. They paid a lawyer to have the land surveyed. The survey proved the fence was right in the middle of the right-of-way and needed to be moved. The landowner is angry, and does not want to admit he is wrong and refuses to remove the fence. The fence lies in the path to the water. We do not know if the landowner can be made to remove it by calling the Sheriff, or another lawsuit. I read your article on "Right-of-Way Easements in Maine Property Law."


Asked on 6/22/10, 3:54 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

This is a civil matter, so the Sheriff will not be able to help you. You will need to file a lawsuit against the landowner. If the survey shows it is in the middle of the right of way, then you will likely prevail. I would be happy to help with this, and sometimes just a letter from a lawyer will get people to accept that they are wrong. Feel free to call my office.

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Answered on 6/22/10, 7:05 pm


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