Legal Question in Real Estate Law in Maine

Quit Claim Deed to Septic on Neighbor's property

My wife and I own a small piece of property in Maine and found out before my neighbor sold his property in 90',(our neighbor was my father-in-law), that my septic system was on his property, which was not recorded on my deed, but which had been accomplished by him years before when he owned both properties. Before he completed the sale of his property, he had a lawyer draw up a quit claim deed that said in effect that we owned the property that the septic was on and that we could technically improve the septic system on this property. My, my (wife's father) father-in-law passed away in 96'. My question is this. Should there be any follow up legal documents drawn up to secure this property or record it in registrar of deeds, is this considered to be recorded if a lawyer took care of it at that time and or does the quit claim deed do it all? I am pretty sure this was a quit claim deed. We have it in safe keeping but I understand that there is such a thing as a quick claim deed. Would that be used for this?


Asked on 10/27/04, 3:59 pm

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

Re: Quit Claim Deed to Septic on Neighbor's property

In order to properly answer your question, I would have to review the documents in question. If your father in law granted a deed to you for that portion of his land your septic encroaches upon, then you may have full ownership of that area. It is also possible that you received an easement over the area to maintain the septic. These would affect the rights of the current owner of your father in law's property, and they should be recorded in the Registry of Deeds. However, it is also possible that the issue was not suitably addressed by any document and/or not recorded, and your rights relative your neighbor's rights are in question. I do not see how this issue can be addressed without a review of the documents and consultation by an attorney. Feel free to contact me directly to follow up, or your local attorney. My tel # is 207-767-4824.

Read more
Answered on 10/27/04, 4:47 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maine