Category: Real Estate Law

Nonconforming Lots, Structures, and Uses in Maine

A nonconforming or grandfathered property is a use, structure, or lot that existed lawfully prior to the enactment of the zoning ordinance, and has been continuously maintained since the effective date of that ordinance, even though it doesn’t meet the standards the ordinance says it must meet for the particular zoning district it is located …

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Can Municipalities Make a Profit From Tax Lien Sales?

Can a Municipality Make a Profit by Selling my Property After a Tax Lien Foreclosure? Prior to 2015, the answer was always yes. Regardless of the amount received at the sale, any proceeds on properties sold in a tax lien foreclosure belonged to the municipality. If your outstanding taxes and fees were $5,000 and the …

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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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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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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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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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