Maine Revised Statutes
Me. Rev. Stat. tit. 14, § 813 (2026)
Adverse obstruction on rights-of-way; interruption by notice
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No right-of-way or other easement existing in, upon, over or through the land of another shall be extinguished by the adverse obstruction thereof, unless such adverse obstruction has been continued uninterruptedly for 20 years. A notice in writing given by the owner of such right-of-way or other easement to the person whose land is subject thereto, setting forth said owner's intention to contest the extinguishment of such right-of-way or other easement, and duly served and recorded as provided in section 812, shall be deemed an interruption of such obstruction and prevent the extinguishment of such right-of-way or other easement.
Notes of Decisions
Cited in 2
cases, 1990–2000 · leading case: Frederick v. Consol. Waste Servs., Inc., 573 A.2d 387 (Me. 1990).
Frederick v. Consol. Waste Servs., Inc., 573 A.2d 387 (Me. 1990). “See 14 M.R.S.A. § 813 (1980). In a counterclaim to a complaint filed by the Fredericks against it for trespass and the cutting and carrying away of timber, 2 CWS sought a declaration that no easement existed over its land and an order to discharge the notice of intent to prevent…”
Stickney v. City of Saco, No. YORre-97-077 (Me. Super. Ct Mar. 30, 2000). “See 14 M.RS.A. §813. The more challenging issues surround whether the easement was only for Nellie Tasker’s life and whether if has been lost by estoppel or abandonment.”
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