This article looks at 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 how this right can be lost.
Contents:
I. Express Easement
a. Paper Streets
II. Non-Express Easements
a. Prescriptive Easement.
b. Implied Easement
1. Easement by Necessity
2. Quasi-Easement
III. What Rights Does a Right-of-Way Easement Provide?
a. Scope of Use
b. Location
c. Maintenance
IV. Who Holds and Who Benefits from the Easement Right?
a. Appurtenant Easement
b. Easement in Gross
c. Exclusive Rights & Conveyance
V. Termination of the Easement
a. Abandonment
b. Merger
c. Foreclosure