Legal Question in Real Estate Law in Maine
property rights
We have a rain drainage pipe going from our basement, under the road in front of our home and draining about five feet from he edge of the road. with out this pipe the basement would flood after a heavy rain. The pipe has been in use for at least 50 years. About 20 years ago a house was built about 70 feet down slope from the pipe. The owner was aware of the pipe and had no problem with it. However he sold the house about 8 years ago and the new owner claims he didn't know about the pipe untill he saw us doing a routine snaking of it. He dosn't want us to use it. what are our rights?
1 Answer from Attorneys
Re: property rights
The fact that this is a longstanding and pre-existing flow of water weighs heavily in your favor. If you had just put in the pipe and changed the flow of water onto the neighbor's land, causing it damage, that would be another story. I assume the natural flow of water has a place to go across the neighbor's land like a ditch or other natural element and does not create a pond in his yard when it rains. It is hard to state much more without more facts, but I do not think there is much of a case of nuisance or trespass by your neighbor against you in this circumstance. Just because he is unhappy with the pipe does not mean he has legal rights that are being infringed upon.
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