Maine Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) refers to a legally binding agreement that grants an individual or entity the nonexclusive and permanent right to access and use another person's private road. This type of easement allows for convenient passage through privately owned land for various purposes, such as accessing a property surrounded by other landowners or reaching a particular area that cannot be accessed otherwise. In Maine, there are primarily two types of easement and right of way concerning the nonexclusive and permanent use of a granter's private road which are worth mentioning: 1. Appurtenant Easement: An appurtenant easement is attached to a specific property, known as the dominant estate, and allows the owner, or those legally entitled, the right to access and use a granter's private road to reach the property. This type of easement stays with the land, meaning it transfers to subsequent owners, ensuring continued access over time. 2. Easement in Gross: An easement in gross is not tied to any specific property or dominant estate; instead, it benefits a specific individual or entity, known as the easement holder. It grants the easement holder the nonexclusive, permanent right to access and use the granter's private road. Unlike an appurtenant easement, an easement in gross does not transfer to subsequent owners unless specified within the agreement. Both types of easements mentioned above are designed to ensure the smooth and continuous use of privately owned roads in Maine. It is important to note that when negotiating, drafting, or modifying an easement and right of way agreement, consulting with a qualified attorney specializing in real estate law is highly recommended.
Maine Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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