Maine Alliance for Road Associations
I sold 15 acres of back lots that touch our non profit road association at a tiny point - maybe 1-2 feet. The buyer is trying to get access to the road that is benefitted by 5 ROWs to a lake. His legal address is not on the road. No rights to the road were conveyed, but he is leaning on our by-laws, which state any lot abutting the road is considered a member that can be assessed dues and have road access as well as the original 1967 subdivision that contained the 15 acres on a paper road that was never built. Does deed or by laws take precedence and what is the definition of abut (a road)? Thanks in advance for your opinion.
I'm not quite clear on the situation. Do these lots have other access, via a road not in your road association? Why do the lots have a foot or two of frontage on the association road? Where is (or isn't) the paper street with relation to the lots and with relation to the association road? And do the 5 easements to the waterfront give everyone access so as to include the owners of the lots in question? If you can give me more information I'll see what I can figure out. (If you don't want to post details here on the forum, you can email me at email@example.com ) It would help if you have the book and page numbers of the deeds to these lots, the easements to the waterfront, and the subdivision plot plan. You don't need to send copies of these if you can give me book and page numbers and the county in which they are filed.
The Maine Alliance for Road Associations