This article describes right-of-way easements in Maine. Right-of-way easements are a common type of easement in the state, and this article is meant to provide a basic overview of this legal right, how the right comes to be, who holds it, what it provides and also how this right can be lost.
An easement, at its most basic, provides certain rights to a person, or group (the “easement holder”) to use a piece of land that is owned by another (the “burdened estate”). There are several different types of easements, they can be created in different ways, and they can be extinguished as well. An example of a right-of-way easement would be when the general public is allowed to cross over private property to access water. In Maine, often people are unaware that the reason they are able to reach a shoreline (be it the ocean, a lake, or a river) is because of a legally established right that lets them cross over someone’s private property.
The full article is now free on the Teel Law Office website