Losing rights to easement

[EllenBaja]

What is the name of your state?Maine

My new property in Maine has brought up several questions. The latest one is this. The neighbors have a right of way across my property to get to the beach. We have asked that instead of walking across the platted right of way, that they go down the driveway. It's easier for them and it doesn't trample the wildflowers on the way. They have agreed, but are concerned that if they don't use their right of way with some regularity, they will lose it. Is there any basis for their concerns and if not, is there some sort of law I can refer them to so they will be mollified?

Thanks.

 

[HomeGuru]

What is the name of your state?Maine

My new property in Maine has brought up several questions. The latest one is this. The neighbors have a right of way across my property to get to the beach. We have asked that instead of walking across the platted right of way, that they go down the driveway. It's easier for them and it doesn't trample the wildflowers on the way. They have agreed, but are concerned that if they don't use their right of way with some regularity, they will lose it. Is there any basis for their concerns and if not, is there some sort of law I can refer them to so they will be mollified?

Thanks.

**A: first read the row agreement. Then look up the spelling of the work mollified.

 

[EllenBaja]

losing rights to easement

Aren't there some rules about rude replies that are of no help whatsoever? I read the right of way and it makes no reference to usage requirements or limitations. If it was stated in the "row" I wouldn't be online asking.

In addition, I spelled mollified correctly, the definition is as follows: To assuage, as pain or irritation, to appease, as excited feeling or passion; to pacify; to calm.

You do not appear to be a guru of anything other than terse rude replies.

 

[Eula100]

My sympathies

I can relate to what you are saying because I am having problems as a result of a right of way through my driveway. Never, never again will I buy land that has a right of way on it. Everyone in the county uses it and say the owners of the right of way told them they can!

I think the other rude reply was in regard to a dangling participle. I hope people here are not great sticklers for grammar and spelling because I'm no great shakes in either area! I hope we can get some help here from someone because in spite of dp I'm sure we made ourselves clear about what our problems are.

 

[FarmerJ]

If you own the land that people other then you need to make it clear to the ones who benefit from the easement that they dont OWN anything but only have the right to cross over your property to get from A to B and if they dont understand that then perhaps you may consider talking with a local atty and learn what you can legally do to rid your self of tresspassers . try the links up top to locate a real estate atty whom you can arrange for a consultation with .

 

[pmr]

Reasonable solution

If they are worried, and you don't object, re-write the agreement. Either ask them to rescind the original and create a new one limiting them to driveway access, or just sign a document reaffirming their right-of-way rights.

(If you do option 1, have the easement on file at the courthourse updated. If you do option 2, just write something down and give to them. If their initial agreement is on file at the courthouse, it's still in effect, and you're just giving them peace of mind).

 

[HomeGuru]

And I will refrain from giving options 3,4 and 5.