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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We have made an offer on an ocean-front house with a

Customer Question

We have made an offer on an ocean-front house with a Right-of-Way concern.The current owner (Seller) has been there 20 years, and has always allowed the nieghbor (across the street, who does not have ocean-front) to walk across her property and keep his dinghy on some boulders at her water's edge, tied to a tree on her property. This arrangement was neither recorded in the deed, or expressed in writing by her at any time.The neighbor either purchased or inherited his home from his Father 4 years ago.
Before the Son owned the house, the Father was accessing and storing a dinghy the same way previous to the Son. The Father owned the neighbor house for much longer than 20 years, and we don't know how he accessed or kept the dinghy before our current Seller granted permission.Our current seller has mailed notice (registered, return receipt) to the neighbor informing them that she is selling the house, and he must cease using the property to both walk over her land and store the dinghy on her land as of the closing date. She also agreed to have her lawyer mail a similar letter, also registered and return receipt. She is not having him sign any agreement to cease, just receipt of the letter(s.)Two questions:1) If the neighbor removes his dinghy as of the closing date, and stops walking across the property to the waterfront, is the issue completely resolved?2) If the neighbor decides to later pursue this legally, can he force us to continue to allow him to cross the property and/or store his dinghy on the property?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Maine
JA: Has any paperwork been filed?
Customer: not to our knowledge or seller disclosure; we have a recent MLI and will be purchasing title insurance prior to closing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Our primary concern is to avoid ambiguous interpretations and consequences of prescriptive easement/right of way laws after the closing date.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.1. Yes.
2. He cannot. He withdrew any use or claim thereto.Please let me know if that is acceptable and feel free to reply back and follow up