Legal Question in Real Estate Law in Maine

We live where we have a right-of-way to water. One of the landowners has erected a fence running vertical down the middle of the right-of-way. On one side there is dropoff and on the other the man's low lying branches, you would have to crawl until you get past the fence. How can we get the man to remove the fence?


Asked on 6/22/10, 10:04 am

1 Answer from Attorneys
Elliott Teel Teel Law Office

First, do you know why he put up the fence? If it is to keep people from drop-off, and other than the branches the right-of-way is not impeded, he would likely be able to keep it.

You are allowed to maintain the right-of-way, so that could include cutting the low lying branches. I would suggest that you speak to property owner before cutting the branches though.

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Answered on 6/22/10, 1:48 pm


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