Legal Question in Real Estate Law in Maine

Can I remodel

Neighbor has 50 foot right of way from rock wall. The fifty foot line runs through the middle of the old, ready to fall down house. Neighbor wants my brother to tear down house. I would like to move back to Maine and rebuild/remodel the old house. What are the legal issues. Can I remodel or even rebuild. Thanks


Asked on 12/26/04, 9:09 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Can I remodel

Your question cannot be answered in the abstract since analysis of real estate matters depends heavily upon the exact wording found in the operative document. I find it curious that there is a right of way that was granted a long time ago before the old house was constructed that is now being enforced. It is possible that the neighbor has forfeited his rights due to non-use of the easement, or due to the fact that there are other less intrusive ways for the land to be accessed that go around the house.

However, specific consultation would need to be done with the Deeds in question and the history of the 2 properties. Feel free to follow up with me directly by email or tel- 207-767-4824 if you so desire.

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Answered on 1/03/05, 8:31 am


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