Category: Real Estate

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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Road Associations: Methods to Maintain Private Roads in Maine

Maine is blessed with huge amounts of private land, allowing residents and nonresidents alike to find and enjoy a little piece of the way life should be.  While the owners of these parcels may have sought them out for attributes such as scenic vistas, lake access, or just relative solitude, these parcels are often on …

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Donating Real Estate to Charity

By: Rudman Winchell Attorney Daniel Burke Donating real estate to a charitable organization can benefit both the charity and the donor. The tax laws provide several methods for donation of real estate, both during a donor’s life or through bequests under a donor’s will, or other gifts taking effect at death. The simplest method is …

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New Radon Testing Requirements for Residential Landlords

By: Rudman Winchell Attorney Daniel D. Burke Radon occurs naturally in Maine soil and bedrock and canslowly seep into houses and structures from the ground through foundationcracks and even basement drains. It can pose a serious health risk to the inhabitants of a structure and has been linkedto cases of lung cancer. In light of …

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Buying or Selling Maine Real Estate? Here are a Few Guideposts

By: Rudman Winchell Attorney Jonathan BenchBuyer beware. Sellers of real estate in Maine have no obligation to disclose property defects to buyers[1],and agents have all of the defenses as their principals that arise out of the transaction.[2] Failure to disclose defects in real property generally falls under two headings: (1) fraud, and (2) negligentmisrepresentation. To …

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Maine’s Landowner Liability Law

By: Rudman Winchell Attorney Daniel Burke With hunting season now in full swing across Maine, residents and non-residents alike are donning their blaze orange and fanning out across the State in search of that trophy buck, looking to create some lasting memories with family or friends or simply hoping to stock the larder. Maine has …

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Maine’s Tree Growth Tax Law: Considerations for Maine’s Timberland Owners

By: Rudman Winchell Attorney Daniel Burke Maine is about 90% forested, which is one of the highest percentages of any state in the U.S. Of that, nearly 95% is privately owned. Maine law offers significant tax incentives for these timberland owners. Under Maine’s Tree Growth Tax law, codified in Title 36, Maine Revised Statutes, sections …

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Change May Be Coming for Maine’s Abandoned and Discontinued Road Laws

By: Rudman Winchell Attorney Daniel D. Burke   The concept of abandoning and discontinuing a public road may seem like a simple one, but the current law on this topic, Chapter 304 of Title 23 of the Maine Revised Statutes, has resulted in significant confusion. As property owners and municipalities seek solutions and a clarification …

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