Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 812 (2026)

Acquisition of rights-of-way and easements by adverse possession; notice to prevent

✓ current as of May 2026

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No person, class of persons or the public shall 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. If a person apprehends that a right-of-way or other easement in or over his land may be acquired by custom, use or otherwise by any person, class of persons or the public, he 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 land lies, and such posting or recording shall prevent the acquiring of such easement by use for any length of time thereafter; or he 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 in hand or by leaving it at his or their 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 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 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 conclusive evidence of such service or posting. [PL 1971, c. 450, §1 (AMD).]

SECTION HISTORY

PL 1971, c. 450, §1 (AMD).

Notes of Decisions

Cited in 33 cases (1 in the last 5 years), 1978–2023 · leading case: Lyons v. Baptist Sch. of Christian Training, 2002 ME 137 (Me. 2002).

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Lyons v. Baptist Sch. of Christian Training, 2002 ME 137 (Me. 2002). · cites it 4× “See 14 M.R.S.A. § 812 (1980) (providing means of giving notice to prevent acquisition of prescriptive easement); id.”

Dowley v. Morency, 1999 ME 137 (Me. 1999). · cites it 3× “We held that the letter of protest was sufficient interruption to break the inchoate easement and that the statutory method for preventing prescriptive easements, currently codified as 14 M.R.S.A. § 812 (1980), is not exclusive.”

Almeder v. Town of Kennebunkport, 2014 ME 139 (Me. 2014). · cites it 3× “Among them, 14 M.R.S. § 812 (2013) provides for the creation of an easement by prescription: “No person, class of persons or the public shall 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…”

Bell v. Town of Wells, 557 A.2d 168 (Me. 1989). · cites it 2× “There is a serious question whether application of the local custom doctrine to conditions prevailing in Maine near the end of the 20th century is necessarily consistent with the desired stability and certainty of real estate titles.”

Flaherty v. Muther, 2011 ME 32 (Me. 2011). “[¶ 80] The statute of limitations for adverse possession makes clear that a class of persons may acquire an easement through prescriptive use: “No person, class of persons or the public shall acquire a right-of-way or other easement through, *661 in, upon or over the land of…”

Frederick B. Lincoln v. Harold Burbank II, 2016 ME 138 (Me. 2016). “3d 677 ; 14 M.R.S. § 812 (2015). Adversity exists when the party “has received no permission from the owner of the soil, and uses the way as the owner would use it, disregarding [the owner’s] claims entirely, using it as though [she] owned the property [her]self.”

Gutcheon v. Becton, 585 A.2d 818 (Me. 1991). · cites it 2× “See 14 M.R.S.A. § 812 (1980). [3] This notice was the first objection by Becton or any of his predecessors in title to the use of the road.”

Sandmaier v. Tahoe Dev. Grp., Inc., 887 A.2d 517 (Me. 2005). · cites it 2× “The statutory requirement for establishment of a prescriptive easement is found in 14 M.R.S.A. § 812 (2003), which states that “[n]o person, class of persons or the public shall acquire a right-of-way or other easement through, in, upon or over the land of another by the adverse…”

Robert F. Almeder v. Town of Kennebunkport, 2014 ME 12 (Me. 2014). · cites it 3× “Among them, 14 M.R.S. § 812 (2013) provides for the creation of an easement by prescription: “No person, class of persons or the public shall 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…”

Androkites v. White, 2010 ME 133 (Me. 2010). “[¶ 13] The statutory requirement for establishing a prescriptive easement is found at 14 M.R.S. § 812 (2009), which provides in relevant part that “[n]o person, class of persons or the public shall acquire a right-of-way or other easement through, in, upon or over the land of…”

Glidden v. Belden, 684 A.2d 1306 (Me. 1996). “That testimony was corroborated by Biffs testimony.”

Cedar Beach/Cedar Island Supporters, Inc. v. Gables Real Est. LLC, 2016 ME 114 (Me. 2016). · cites it 2× “In December 1987, in compliance with 14 M.R.S. § 812 (2015), 2 the Perrys and the owners of an adjacent parcel posted a notice to the public on their property for six successive days giving notice of their intent to prevent acquisition of a right-of-way.”

Show all 33 citing cases →

— Me. Rev. Stat. tit. 14, § 812(2015) — 1 case

Cedar Beach/Cedar Island Supporters, Inc. v. Gables Real Est. LLC, 2016 ME 114 (Me. 2016). “In December 1987, in compliance with 14 M.R.S. § 812 (2015), 2 the Perrys and the owners of an adjacent parcel posted a notice to the public on their property for six successive days giving notice of their intent to prevent acquisition of a right-of-way.”

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