Category: Real Estate Law

LUPC VARIANCE

            The State legislature created the Maine Land Use Planning Commission (LUPC) formerly known as the Land Use Regulatory Commission (LURC) by statute entitled 12 MRSA Chapter 206-A Land Use Regulation.  The LUPC is charged with interpreting, applying and enforcing Maine’s Comprehensive Land Use Plan for Maine’s unorganized and deorganized territories including plantations and townships. […]

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In Light of the Recent Devastating Wind Storm, You May Want to Take a Look at Your Homeowner’s Insurance Policy

Last week, a wind storm of epic proportions ravaged much of Maine.  High speed winds knocked down trees, blew off roofs, and wreaked havoc with the power grid.  As of the writing of this blog, news sources have estimated that during the peak of the storm almost 495,000 Maine homes and businesses lost power.  For […]

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Residential Landlords: Beware the Untested Lease Template

Landlords of commercial properties have a great deal of freedom in drafting their lease agreements.  Residential landlords do not have the same degree of latitude.  Maine, like other states, has enacted a number of laws designed to protect residential tenants from certain practices and arrangements that the legislature has determined to be unfair or abusive.   […]

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Why an Attorney can be helpful with a Purchase and Sale Agreement in residential matters

When purchasing or selling a property, most Buyers and Sellers concern themselves with the financial aspect of the transaction and not the legal aspects of the transaction. A purchase and sale agreement creates a contract or promise to purchase or sell land. This contract or promise which legally obligates both parties to perform certain tasks […]

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The Maine Home Construction Contract Act and its Potential Impact on Your Home Construction or Improvement Project

Spring is finally here, bringing a close to another hard Maine winter and (hopefully) the start of some sunny and warm weather.  Oftentimes, spring also signifies the beginning of something else for many people: home improvement season. Whether you are a homeowner looking to make some repairs or updates to your house, or you’re a […]

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Conservation Easements

You are a landowner with a parcel of land that you do not want to see developed, what do you do to protect it?  You might protect the land by putting restrictions in the deed when the property is sold.  However, what if you don’t want to sell the property, but would like to protect […]

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The 2015 Amendments to Mandatory Shoreland Zoning and How They Impact the Expansion of a Non-Conforming Use

The Legislature adopted the Mandatory Shoreland Zoning Act in 1971.  The current law requires municipalities to establish land use controls for all “shoreland areas” defined as:  “areas within 250 feet of the normal high-water line of any great pond, river or saltwater body, within 250 feet of the upland edge of a coastal wetland, within […]

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New Maine Firearms Law Poses Challenges for Landlords of Subsidized Housing

On April 5, 2016, Governor Paul LePage signed into law “An Act to Ensure Nondiscrimination Against Gun Owners in Certain Federally Subsidized Housing.”  The bill, which takes effect this summer, ninety days after the adjournment of the 127th Legislature, prohibits most landlords who participate in federal housing subsidy programs from restricting the possession or use […]

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Easement Law: Can A Landowner Use Video Surveillance To Enforce an Easement?

  Maine landowners often deal with others crossing their property.  Much of the time, those others have a legal right to do so, stemming from granted easement rights that spell out where, when and how they can exercise those crossing rights.  In general, a landowner over whose land a easement runs has the right to […]

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Conservation Easements – Considerations for a Landowner

  Conservation easements are a tool often used in Maine to protect open or undeveloped land. Conservation easements are employed to protect such attributes as wildlife habitat, scenic vistas, historic features, outdoor recreation, and traditional uses such as timber harvesting and agriculture.  In the forests and farmlands of Maine conservation easements can be a very […]

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