Me. Rev. Stat. » Title 23
Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3033 (2026)

Rights of action concerning ways deemed vacated

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  Notice by person claiming ownership.  Any person claiming to own a proposed, unaccepted way or portion of a proposed, unaccepted way deemed vacated under section 3032 may record, in the registry of deeds where the subdivision plan, to which the notice set forth in this subsection pertains, is recorded, a conformed copy of the notice set forth in this subsection, with an alphabetical listing of the names of the current record owners of lots on the subdivision plan to which the notice pertains and their mortgagees of record. The person shall give notice of his claim to these current record owners and their mortgagees of record. Within 20 days of recording of the notice, the person shall give this notice by mailing, by the United States postal service, postage prepaid, to the current record owners and mortgagees, a copy of the notice set forth below:  
NOTICE
By virtue of the Maine Revised Statutes, Title 23, section 3032, the following proposed, unaccepted ways or portions of proposed, unaccepted ways were deemed by law to have been vacated by the municipal officers of (name of town or city) ________________ . The ways or portions of ways so vacated are shown on a plan (named) (dated) (and) recorded in the ______________ County Registry of Deeds, Book of Plans, Volume ________ , Page ______ , (Folio #) and are described as follows:
(Herein list vacated ways or portions of ways)
The undersigned claims to own the (way or ways) (portion of way or ways) described above. Any person claiming an interest in (this way or these ways) (a portion of this way or these ways) adverse to the claim of the undersigned, within one year from the date of recording of a copy of this notice in the registry of deeds, must file a written claim, under oath, in the same registry and, within 180 days thereafter, must commence an action in Superior Court in _______________ County in accordance with the Maine Revised Statutes, Title 23, section 3033. A copy of this notice was recorded in the registry of deeds on _____________ , 19___ .
 
[PL 1987, c. 385, §2 (NEW).]
2.  Rights of action by persons receiving notice.  All persons receiving a notice under subsection 1, who claim any private right of any kind in the way or portion of a way to which the notice pertains, are forever barred from maintaining any action at law or in equity to establish, recover, confirm or otherwise enforce any right claimed to or in the way or portion of a way by reason of the ownership by the person, or by a predecessor in title, of a lot or parcel of land shown on the recorded subdivision plan to which the notice pertains, unless, within one year from the date of recording of the notice, the person files in the registry of deed where the pertinent subdivision plan is recorded a statement, under oath, specifying the nature, basis and extent of the claimed interest in the way or portion of a way. The claim is forever barred unless, within 180 days of the recording of the statement, the claimant, or a person acting on his behalf, commences an action in equity under Title 14, chapter 723, to establish the rights asserted to or in the way or portion of a way.  
The limitation periods in this section are not tolled or interrupted by any disability, minority, lack of knowledge or absence from this State by the claimant.  
[PL 1987, c. 385, §2 (NEW).]
3.  Trial of an action.  Upon trial of an action initiated under subsection 2, the court shall grant judgment for the claimant only if it finds that:  
A. The claimant has acquired an interest in the way or portion of a way; and   [PL 1987, c. 385, §2 (NEW).]
B. The deprivation of the claimant's rights in the way or portion of the way unreasonably limits the claimant's access from his land shown on the recorded subdivision plan to:  
(1) A public way;  
(2) A public body of water; or  
(3) Common land or a common facility within the subdivision.   [PL 1987, c. 385, §2 (NEW).]
Any judgment rendered by the court in an action under subsection 2, in the discretion of the court, may grant the claimant reasonable damages instead of establishment of the claimant's rights, except that under no circumstances shall a municipality be liable for any damages granted by any judgment rendered by the court under subsection 2.  
[PL 1987, c. 385, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 385, §2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1996–2024 · leading case: Glidden v. Belden, 684 A.2d 1306 (Me. 1996).
Sort: Relevance Newest Treatment
Glidden v. Belden, 684 A.2d 1306 (Me. 1996). · cites it 4× “23 M.R.S.A. § 3033(1). Notice also must be given to the relevant current record owners and their mortgagees.”
Hartwell v. Stanley, 2002 ME 29 (Me. 2002). · cites it 2× “See 23 M.R.S.A. § 3033 (1992). He asserts that section 3027-A, by contrast, operates to vacate unclaimed rights regardless of whether someone has claimed to own the vacated way.”
Kinderhaus North LLC v. Karl Nicols, 2024 ME 34 (Me. 2024). · cites it 2× “[¶8] On June 14, 2018, the Nicolases recorded a notice pursuant to a provision of Maine’s Paper Streets Act, 23 M.R.S. § 3033 (2024), (the section 3 As discussed infra, at some point in April 2018, Karen Fullerton intentionally and without consent entered the Nicolases’ property…”
Driscoll v. Mains, 2005 ME 52 (Me. 2005). “Consequently, in March 2000 the Mainses filed a notice with the registry of deeds, pursuant to 23 M.R.S.A. § 3033 (1992), claiming ownership of the streets and served notice of their claim to all lot owners in the Cumberland Heights subdivision.”
Brooks v. Carson, 48 A.3d 224 (Me. 2012). · cites it 6× “We have described 23 M.R.S. § 3033 as: invit[ing] any person claiming to own a way vacated under section 3032 to record in the registry of deeds a notice whose form and content is stipulated in the statute.”
Gloria Carignan v. Paul R. Dumas Jr., 2017 ME 15 (Me. 2017). · cites it 2× “Additionally, the court concluded that Carignan was not required to file notice of her rights to Willow Street pursuant to 23 M.R.S. § 3033 (2016) because public rights to the street had already terminated.”
John M. Carter v. Michael A. Voncannon, 2024 ME 65 (Me. 2024). “23 M.R.S. § 3033(1) (2024). Once they receive such notice, all persons who claim any private right of any kind in the way are forever barred from maintaining any action regarding their rights unless they file a statement, under oath, of any claimed interest in the way in the…”
Kinderhaus North LLC v. Nicolas (Me. Super. Ct 2020). · cites it 3× “On June 14, 2018, the Nicolases recorded a Notice pursuant to 23 M.R.S. § 3033 (“the 3033 Notice”) in the Cumberland Country Registry of Deeds to invoke the statutory procedure for vacating private rights over the disputed right-of-way.”
Brooks v. Carson (Me. Super. Ct 2011). · cites it 5× “§ 3033(1). ' Section 3033(2) says that "[a )II persons receiving a notice under subsection 1" arc barred from asserting claims of access to the paper street involved unless they file and prove their claims.”
Hartwell v. Town of Medway (Me. Super. Ct 2001). · cites it 4× “23 M.R.S.A. § 3033(1). Additionally, the claimant must mail a copy of the notice to the current record owners and mortgagees of the parcels located in the subdivision where the ways were.”
Monroe v. Khalidi (Me. Super. Ct 2016). · cites it 2× “In their joint motion, Plaintiffs assert that the notices that the Defend ants 1 recorded in Cumberland County Registry of Deeds and served on Plaintiffs pursuant to the Maine Paper Streets Act, 23 M.R.S. § 3033, were premature and insufficient, and therefore void, as a matter…”
Lalumiere v. Sea View Homeowners Ass'n (Me. Super. Ct 2018). “) A party claiming ownership of a vacated way must post a notice claiming ownership with the registry of deeds where the way is located and give notice to current owners of lots on the subdivision plan on which the vacated way is located .”
Show all 13 citing cases →
— Me. Rev. Stat. tit. 23, § 3033(1) — 6 cases
Glidden v. Belden, 684 A.2d 1306 (Me. 1996). “23 M.R.S.A. § 3033(1). Notice also must be given to the relevant current record owners and their mortgagees.”
Kinderhaus North LLC v. Karl Nicols, 2024 ME 34 (Me. 2024). “[¶8] On June 14, 2018, the Nicolases recorded a notice pursuant to a provision of Maine’s Paper Streets Act, 23 M.R.S. § 3033 (2024), (the section 3 As discussed infra, at some point in April 2018, Karen Fullerton intentionally and without consent entered the Nicolases’ property…”
Brooks v. Carson, 48 A.3d 224 (Me. 2012). “We have described 23 M.R.S. § 3033 as: invit[ing] any person claiming to own a way vacated under section 3032 to record in the registry of deeds a notice whose form and content is stipulated in the statute.”
John M. Carter v. Michael A. Voncannon, 2024 ME 65 (Me. 2024). “23 M.R.S. § 3033(1) (2024). Once they receive such notice, all persons who claim any private right of any kind in the way are forever barred from maintaining any action regarding their rights unless they file a statement, under oath, of any claimed interest in the way in the…”
Hartwell v. Town of Medway (Me. Super. Ct 2001). “23 M.R.S.A. § 3033(1). Additionally, the claimant must mail a copy of the notice to the current record owners and mortgagees of the parcels located in the subdivision where the ways were.”
— Me. Rev. Stat. tit. 23, § 3033(2) — 4 cases
Glidden v. Belden, 684 A.2d 1306 (Me. 1996). “23 M.R.S.A. § 3033(1). Notice also must be given to the relevant current record owners and their mortgagees.”
Hartwell v. Stanley, 2002 ME 29 (Me. 2002). “See 23 M.R.S.A. § 3033 (1992). He asserts that section 3027-A, by contrast, operates to vacate unclaimed rights regardless of whether someone has claimed to own the vacated way.”
Brooks v. Carson, 48 A.3d 224 (Me. 2012). “We have described 23 M.R.S. § 3033 as: invit[ing] any person claiming to own a way vacated under section 3032 to record in the registry of deeds a notice whose form and content is stipulated in the statute.”
Hartwell v. Town of Medway (Me. Super. Ct 2001). “23 M.R.S.A. § 3033(1). Additionally, the claimant must mail a copy of the notice to the current record owners and mortgagees of the parcels located in the subdivision where the ways were.”
— Me. Rev. Stat. tit. 23, § 3033(3) — 2 cases
Glidden v. Belden, 684 A.2d 1306 (Me. 1996). “23 M.R.S.A. § 3033(1). Notice also must be given to the relevant current record owners and their mortgagees.”
Brooks v. Carson (Me. Super. Ct 2011). “§ 3033(1). ' Section 3033(2) says that "[a )II persons receiving a notice under subsection 1" arc barred from asserting claims of access to the paper street involved unless they file and prove their claims.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.