Maine’s public easements are not maintained with public funds but may allow unfettered use by foot, motor vehicle or utilities depending on which law applies.
A PUBLIC EASEMENT is an easement held by a municipality for public access to land or water. According to one statute, it is restricted to use by foot or motor vehicle; another says it includes an easement for utilities. According to the Maine Supreme Court, it gives the public an "unfettered right of access," but the municipality has no obligation to provide maintenance of a public easement.
PRIVATE WAYS laid out pursuant to statute prior to 1965 are public easements, and if the private way was declared to be "subject to gates and bars," under current statute those gates can be removed. Town ways DISCONTINUED after 1965 automatically become public easements unless the town specifically votes otherwise. After 1976, county ways within organized townships became town ways, so former county ways discontinued after 1976 also automatically become public easements upon discontinuance unless the town specifically votes otherwise. Roads which are ABANDONED pursuant to statute (because the public has had no need for them for 30 years) revert to the same status as a discontinued road: therefore they also automatically become public easements, and there is generally no opportunity for the town to vote not to retain a public easement.
WHO KEEPS A PUBLIC EASEMENT IN REPAIR? NO ONE! Under Maine law, the public is no longer obligated to provide any maintenance for public easements. Owners of abutting land are not specifically prohibited from doing road repairs, but concerns about liability may make them unwilling to contribute any private efforts. Besides, once an abutter makes the road passable, they cannot prohibit the public from using it in any way they wish. Unrestricted public use can quickly destroy any road improvements.
Maine ROADWays' Motto is, "Build a better public easement and the world will BEAT the pathway to your door!"
In short, A PUBLIC EASEMENT IS A ROAD WHICH ANYONE CAN USE, BUT WHICH NO ONE IS OBLIGATED TO KEEP IN REPAIR.
ARE YOU CONFUSED YET?
To read the Maine Statutes concerning Public Easements, go to the Public Easements 23 MRSA 3021 page.
(c) Roberta Manter 2016
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| Road? What road? Straight ahead is a public easement, which the Maine Supreme Court says gives the public an "unfettered right of access." |
hello,
ReplyDeletejust wanted to let you know, i did email you with some information that was given to me about the closed road and the Cemetery on the corner... i also forward this "pubic easement" you have on your site to our towns selectmen, they feel this doesnt a ply to them? hmm.. i wonder how they figure a state statue doesnt apply?? maybe you could let me know..thank you again for all you have done.. just waiting for answers when you for some time..
I'll look for your email and respond there.
ReplyDeleteI OWN TO THE CENTER OF A OLD COUNTY ROAD IN MAINE , IS IT LEGAL FOR ME TO USE THE ROAD TO ACCESS FIELDS IN THE BACK OF PROPERTY ?
ReplyDeleteThat depends! If the road was discontinued without easement, and you own to the center line of the road all the way to the fields you want to access, then you can do anything you like with your half of the road. County roads were usually laid out at 4 rods wide (66 feet.) But the traveled surface wasn't always built in the center of the four rods. If there are stone walls 4 rods apart, then you have a right to use 2 rods of that distance. If you're lucky, the entire traveled surface may be on your side. If you're not so lucky, the entire traveled surface may be on your neighbor's side, and if he doesn't want you using it you would have to build your own road on your half of the 4 rods.
DeleteSometimes county roads were laid out at only 3 rods, or they were laid out over an existing road that already had walls 3 rods apart.
Another possibility is that when the road was discontinued, a public easement was retained. If that's the case, then not only you but the general public has a right to use the road by foot or motor vehicle, but if you damage it in the process, you may be held liable.
Do you have any information about how and when the road was discontinued? (I assume it was officially discontinued, since you say you own to the center line. Or was the road abandoned?)
If you tell me the town and the exact location of the road (or its name, if it has one,) so that I can find it on Google Earth, I can look up the records for you and find out the width and whether or not there is a public easement on it. If you don't want to post that here, you can send me an email at roadways@juno.com .