Legal Question in Real Estate Law in Maine
We have a right of way in our property deed. Which states that we have a right of way for our driveway. In 1921 when it was written, it allows for two double tracks for the wheels of an automobile. They are in disrepair. We want to amend the deed so we may pave the entire right of way. The neighbor is in agreement to allow this. Can we just amend the agreement in writing and have the document notarized. Then have it entered into the deed.
1 Answer from Attorneys
You are essentially talking about expanding your easement rights. Right-of-ways "benefit" one or more properties, and "burden" others. The properties that are burdened by the right-of-way, meaning the right-of-way crosses their land, have the right to limit the expansion of your easement rights.
You need to make sure that the all property owners whose land you cross when using the right-of-way consent to this change. The deed that contains the easement language will need to be superseded with a new deed that contains the new easement language. This new deed will need to be recorded at the Registry of Deeds.
Feel free to contact my office is you would like assistance with this.
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