Legal Question in Real Estate Law in Maine

real estate question. Please help

I own 50 acres of land in Greene,ME which had warranty deeded right-of-way to access the land. The land surrounding ours including our right-of-way has been passed down to a grandson whom which built his house on top of our right-of-way. We were working with this grandson to deed us a new right-of-way legally. While this was being worked on the bank foreclosed on the grandsons house which makes none of the new right-of-way paperwork legal. What are our options now. What are our rights? Does the bank owe us a new right-of-way now. Is there some way we could get the bank to deed us some land so we do not have to worry about this ever again. How much of a stink should we cause over this. If you only new the history of this land. It has been a nightmare from day one. Please help. Thank you.


Asked on 4/16/08, 12:55 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: real estate question. Please help

The situation you describe is one that is legally complex to resolve. I have no doubt that it has been very frustrating for you. It is important to identify who the decision maker is with the authority to grant you what you desire, as well as what the motivation would be for that decisionmaker. If the Bank has taken title and completed the foreclosure, now is the best chance to get a resolution insofar as the cloud on the Bank properties' title will hurt its chances to sell, which is what the Bank is most worried about. I would start witht he listing agent.

I cannot help more in this format, but I do feel that you have a case which can be fixed with persistance. Feel free to contact me for further consultation.

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Answered on 4/17/08, 8:21 am


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