Maine Alliance for Road Associations - Private Ways Statute, then and now

19 Nov 2009 11:45 AM

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Reply # 246957 on 245376

Deleted user

Yes, the definition section of 3101 defines a Private Way as a public easement as defined in 3021, ss 2, which in turn means certain easements held by a municipality.

This, however, is just a definition of a particular term. It does not mean that the Private Ways statute only applies to those municipal easements, though.

If you look at 3101 subsection 2, you'll find:

When 4 or more parcels of land are benefited by a private road, private way or bridge as an easement or by fee ownership of the private road, private way or bridge, the owners of any 3 or more of the parcels, as long as at least 3 of the parcels are owned by different persons, may make written application to a notary public to call a meeting.

That is, the law applies to private roads and private bridges as well as private ways.

An easement is an interest in the use of real property owned by someone else. For instance, power companies typically have an easement which permit them to install and maintain power lines that pass over the property of others.

A right-of-way is a particular type of easement which grants the right to pass over another's property for some reason, such as access to your own property. So, whenever you see the word easement, your right-of-way is qualifies as one.

I help this helps.

02 May 2010 5:03 PM

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Reply # 334390 on 193877

Deleted user

Todd, with all the changes made in the last couple of legislative sessions concerning title 23, I have a question about the calling of meetings. I know that when our association was first formed, three signatures were gathered, notorized then an agenda was sent out to owners that benefitted the road 30 days prior to the date. Must this process take place again to call a meeting for the next year? (Is title 23 formations only good for one year?) I remember reading in the guide for road assoc. the state put out that you must post the agenda 30 days in advance and have 3 property owners signatures that are notorized to be a statutory road association. What if we do not get three signatures notorized? Is the meeting not legal? Is the association only legal for one year? Great history work Thank you! Matt Brown

Last modified: 02 May 2010 5:03 PM | Deleted user

02 May 2010 8:52 PM

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Reply # 334461 on 193877

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Patricia Dignard wrote:Now all we need is a clarification as to the stated "parcel of land benefited by the private way" Does this mean that you have to live on the road that is being repaired. Todd wrote: No, it only means that the parcel of land is benefited; that is, that parcel has the right to use the road, either by outright ownership of all or part of the road, or by having an easement (right-of-way) to pass over the road. Our question for Todd or anyone else out there! Shoudn't this also include land owners who have a right to use the road to access their back land when they also have access from a town maintained road. As with a corner lot. Shoudn't these people be members of the association, and be notified of meetings and have a vote about work being done on the right of way, and all other matter that could impact them as abutting property owners? Alanna and Matt Brown

Last modified: 02 May 2010 8:52 PM | Deleted user

02 May 2010 6:52 PM

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Reply # 334483 on 334461

Deleted user

Alanna Brown wrote:Shoudn't this also include land owners who have a right to use the road to access their back land when they also have access from a town maintained road. As with a corner lot. Shoudn't these people be members of the association, and be notified of meetings and have a vote about work being done on the right of way, and all other matter that could impact them as abutting property owners? Alanna and Matt Brown

If they have a easement over the road, or if they own a part of the road, then they would be part of any road association formed under the statute. It does not matter if they also have another way to access their property.

02 May 2010 10:01 PM

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Reply # 334484 on 199463

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Anonymous wrote:
Todd Tolhurst wrote:If anyone is interested in how Maine's Private Ways law has evolved over time, I've assembled the various versions and amendments I have been able to locate online and with the help of the Maine State Law and Legislative Reference Library at http://www.fireroad53.com/MaineLaw/history.html.

Todd,

Does a private road owner have any rights as to the use of his road?

If the parcel owners wanted to form a "Legal" association ,which they don't have,and all the lots are fifty feet on the road. Each parcel owner could purchase the portion of road , that runs with their parcel,for a reasonable price.That way each parcel owner would have equal rights in the Association.

02 May 2010 10:08 PM

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Reply # 334489 on 193877

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Todd, Can a seasonal owner who doesn't pay for winter maintainance, give permission to others as in coyote hunters the right to use the road year round without having to contribute to winter maintaince?

02 May 2010 7:11 PM

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Reply # 334492 on 334390

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Alanna Brown wrote:I know that when our association was first formed, three signatures were gathered, notorized then an agenda was sent out to owners that benefitted the road 30 days prior to the date. Must this process take place again to call a meeting for the next year? (Is title 23 formations only good for one year?)

LD 1315 amended the Private Ways statute such that road associations exist until dissolved by a majority vote of the membership. That law took effect September 12, 2009. If your association was formed on or after that date, you shouldn't have to go through the signature-gathering and notarization business again. If you formed your association before that, it's probably best to go through the process one more time.

02 May 2010 7:21 PM

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Reply # 334499 on 334489

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Alanna Brown wrote:Todd, Can a seasonal owner who doesn't pay for winter maintainance, give permission to others as in coyote hunters the right to use the road year round without having to contribute to winter maintaince?

Is he giving them the right to use the road (only), or is he allowing them the use of his seasonal camp/house/property? He can certainly allow familiy, friends, paying tenants or whomever to use his property however he sees fit, and those people would certainly have the right to use the road to access the property (assuming the property enjoys an easement for the road, of course).

I assume that your association has decided not to charge this owner for winter maintenance because he does not use the road in the winter. If this owner is causing the road to be used during the winter, it seems reasonable to me that he ought to pay some amount for winter maintenance. That's a matter for your association to decide, of course.

03 May 2010 12:21 AM

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Reply # 334553 on 199461

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Anonymous wrote:Does the law say any work on a private road, owned and deeded by (One Party),not the town, not any of the parcel owners, with no association in place,can be done by a couple of parcel owners on said road,without the permission of the road owner?????

I would also like to know the answer to this question. Alanna Brown

02 May 2010 10:32 PM

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Reply # 334581 on 199461

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Anonymous wrote:Does the law say any work on a private road, owned and deeded by (One Party),not the town, not any of the parcel owners, with no association in place,can be done by a couple of parcel owners on said road,without the permission of the road owner?????

I guess that would depend on whether the parcel owners (other than the owner of the land that the road itself lies on) have an easement to pass over the road. If they do have an easement, their right to pass implies the right to keep the road in usable condition.

Of course, if the road owner has failed to maintain the road, and the others have been unable or unwilling to obtain permission to do work on the road, there's plenty of opportunity for misunderstanding, anger and confrontation. This is why formal road associations are a good idea.