Prior to the last legislature revising 23 MRSA sections 3101 -3104 it was easy to prepare a lien document in the same format as your municipality however for some reason changes were made in the law eliminating the lien option.
The revised law now says the following:
§3102. Commissioner's or board's duties; neglect of owners to pay
The commissioner or board chosen under section 3101, with respect to the private
road, private way or bridge, has the powers of a road commissioner. If any owner, on
requirement of the commissioner or board, neglects to furnish that owner's proportion of
labor, materials or money, the same may be furnished by the other owners and recovered
of the owner neglecting to pay in a civil action, together with costs of suit and reasonable
attorney's fees. Such civil action may be brought in the name of and by the road
association created pursuant to this subchapter and the decision to bring that civil action
may be made by the commissioner or board or as otherwise provided for in the road
association's bylaws. The commissioner's or board's apportioning of the cost of repairs to
the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an
individual owner's municipal property valuation in any calendar year.
§3104. Penalties and process
Money recovered under sections 3102 and 3103 is for the use of the owners. In any
notice of claim or process for its the money's recovery, a description of the owners ingeneral terms as owners of parcels of land benefited by the private road, private way or
bridge, clearly describing each owner's parcel of land by the book and page number of the
owner's deed as recorded in the county's registry of deeds and the private road, private
way or bridge, is sufficient. If the private road, private way or bridge is shown on a plan
recorded in the county's registry of deeds, the plan's recording reference is sufficient.
Such process is not abated by the death of any owner or by the transfer of any owner's
interest. Any money owed pursuant to section 3101, 3102 or 3103 is an obligation that is
personal to the owners of the subject parcels, jointly or severally, and also burdens the
parcel and runs with the land upon the transfer of any owner's interest. The commissioner
or board may cause to be recorded in the county's registry of deeds a notice of claim for
money owed pursuant to section 3101, 3102 or 3103 that is more than 90 days delinquent
and may add to the amount owed the recording costs. The recording of such notice does
not constitute slander of title. Before recording such notice or service of process of a
complaint for collection in a civil action, the commissioner or board shall give the owner
against whom such action is to be taken written notice, in the same manner as written
notices of meetings are provided for in section 3101, of the intended action if the debt is
not paid within 20 days of the date of the written notice. This written notice to cure must
be sent at least 30 days before the recording of the notice of claim or the service of
process of the complaint for collection in a civil action.
I'm hoping that MARA will find assistance and prepare a suggested document format that will replace the lien format creating a Notice of Claim. I plan to do so myself as an amatuer using the lien format as a guide.
Good luck.