LD 860
pg. 1
LD 860 Title Page An Act to Limit the Adverse Possession Laws Page 2 of 3
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LR 1414
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 14 MRSA §812, as amended by PL 1971, c. 450, §1, is further
amended to read:

 
§812. Acquisition of rights-of-way and easements by adverse

 
possession; notice to prevent

 
No person, class of persons or the public shall may acquire a
right-of-way or other easement through, in, upon or over the land
of another by the adverse use and enjoyment thereof, unless it is
continued uninterruptedly for 20 years and unless the right-of-
way or easement is necessary to gain access to otherwise
landlocked property. If a person landowner apprehends that a
right-of-way or other easement in or over his the landowner's
land may be acquired by custom, use or otherwise by any person,
class of persons or the public, he the landowner may give public
notice of his intention to prevent the acquisition of such
easement by causing a copy of such notice to be posted in some
conspicuous place upon the premises for 6 successive days, or, in
the case of land in the unorganized territory, by causing a copy
of such notice to be recorded in the registry of deeds for the
county where his the land lies, and such posting or recording
shall prevent prevents the acquiring of such easement by use for
any length of time thereafter; or he the landowner may prevent a
particular person or persons from acquiring such easement by
causing an attested copy of such notice to be served by an
officer qualified to serve civil process upon him or them that
person or persons in hand or by leaving it at his or their that
person's or those persons' dwelling house, or, if the person to
whom such notice is to be given is not in the State, such copy
may be left with the tenant or occupant of the estate, if any. If
there is no such tenant or occupant, a copy of such notice shall
must be posted for 6 successive days in some conspicuous place
upon such estate. Such notice from the agent, guardian or
conservator of the owner of land shall have has the same effect
as a notice from the owner himself. A certificate by an officer
qualified to serve civil process that such copy has been served
or posted by him as provided, if made upon original notice and
recorded with it, within 3 months after the service or posting in
the registry of deeds for the county or district in which the
land lies, shall be is conclusive evidence of such service or
posting.

 
Sec. 2. 14 MRSA §816 is amended to read:

 
§816. Limitations of actions for uncultivated lands in

 
incorporated places


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