Legal Question in Real Estate Law in Maine

Prescriptive right

I exclusivly own a private, undeveloped paper road within a private town approved subdivision. The road is approximately 20' wide by 800' long. At the end of the paper road my neighbor has been using approximately 300' of the road and actually installed a tennis court on it. I think in Maine if you know you are on someone elses land you cannot claim adverse possession or prescriptive easement. My neighbor has had his property surveyed and as I stated this road is in a approved subdivision with the road clearly marked on it. I t would be hard for him to claim he did not know he was off his land. What are my rights?


Asked on 3/13/06, 8:04 pm

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

Re: Prescriptive right

I am uncertain as to why you claim that you exclusively own the paperstreet when it abuts your neighbor's land. A review of the deeds and the plans would be needed to be sure all assumptions are legally correct as paperstreets typically can be owned to the centerline by abutters if unaccepted by the town.

In any event, one of the elements your neighbor would have to show for adverse possession is that he knew the land was yours (or not his) and that he still used it as though it was his own anyway. Therefore, the fact that you know that he is aware of your ownership of the land does not defeat adverse possession. You can defeat adverse possession by asserting your rights, putting up a fence, posting the land, sending him a letter and remove him from the land. Adverse possession and related legal equitable theories of prescriptive easement rights are complex and I suggest you gather your paperwork and seek a meeting with a real estate lawyer.

Read more
Answered on 3/13/06, 9:25 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maine