Me. Rev. Stat. » Title 33
Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 458 (2026)

Easements or rights-of-way; installation of utility services

✓ current as of May 2026
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1.  Easements or rights-of-way established on or after January 1, 1990.  The owner of an easement or right-of-way does not have the right by implication to install utility services on or under the easement or right-of-way if:  
A. The easement or right-of-way is originally established in a written instrument executed on or after January 1, 1990; and   [PL 1989, c. 149 (NEW).]
B. The instrument granting or reserving the easement or right-of-way does not expressly include the right to install utility services.   [PL 1989, c. 149 (NEW).]
[PL 1989, c. 149 (NEW).]
2.  Definitions.  As used in this section, the following terms have the following meanings.  
A. "Easement or right-of-way" means the right of a person to pass over the land of another person.   [PL 1989, c. 149 (NEW).]
B. "Utility services" includes facilities necessary for the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently or may in the future become available.   [PL 1989, c. 149 (NEW).]
[PL 1989, c. 149 (NEW).]
SECTION HISTORY
PL 1989, c. 149 (NEW).
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Notes of Decisions
Cited in 5 cases, 1996–2020 · leading case: Fine Line, Inc. v. Blake, 677 A.2d 1061 (Me. 1996).
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Fine Line, Inc. v. Blake, 677 A.2d 1061 (Me. 1996). “33 M.R.S.A. § 458 (Supp.1995). In this case, however, the right of way was originally established in the deed from Mount Jefferson to Quentin Smart in 1975.”
Friedman v. Pub. Utils. Comm'n, 48 A.3d 794 (Me. 2012). “§ 7551-B (2011) (trespass damages), 33 M.R.S. § 458 (2011) (easements or rights-of-way; installation of utility services), 35-A M.”
Leslie S. Fissmer v. David D. Smith, 2019 ME 130 (Me. 2019). “” 33 M.R.S. § 458(2)(A) (2018); see also Easement, Black’s Law Dictionary (10th ed.”
Leslie S. Fissmer v. David D. Smith, 2019 ME 130 (Me. 2019). “” 33 M.R.S. § 458(2)(A) (2018); see also Easement, Black’s Law Dictionary (10th ed.”
Kinderhaus North LLC v. Nicolas (Me. Super. Ct 2020). · cites it 2× “1999)); see also 33 M.R.S. § 458, Easements or rights­ of-way; installation of utility services; 33 M.”
— Me. Rev. Stat. tit. 33, § 458(2)(A) — 2 cases
Leslie S. Fissmer v. David D. Smith, 2019 ME 130 (Me. 2019). “” 33 M.R.S. § 458(2)(A) (2018); see also Easement, Black’s Law Dictionary (10th ed.”
Leslie S. Fissmer v. David D. Smith, 2019 ME 130 (Me. 2019). “” 33 M.R.S. § 458(2)(A) (2018); see also Easement, Black’s Law Dictionary (10th ed.”
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