Maine Roads: Public and Private Rights in Discontinued Town Ways
Posted by: Archipelago Law in Land Use, Maine Roads, Property Law on December 2, 2022
Public and private rights to discontinued roads is a confusing and highly litigated area of land use law in Maine. Ownership and rights in land encumbered by a discontinued road often hinge on a case-by-case analysis of the history of the right-of-way and the method of discontinuance. When a homeowner owns land abutting a discontinued […]
Read MoreA Legislative Tool for Preventing Adverse Property Claims
Posted by: Archipelago Law in Land Use, Prescriptive Rights, Property Law on September 16, 2022
What if I told you the Maine legislature has enacted a simple process to ensure you could protect your land from adverse possession claims by others, even if only for preventive purposes. Picture this, your neighbor builds a barn and gravel driveway along your shared boundary line. You notice it looks awfully close to your […]
Read MoreRemembering John R. Coon
Posted by: Archipelago Law in Uncategorized on August 22, 2022
It is with deep sadness that we announce the passing of our dear friend and founding principal, John R. Coon. John was first, a husband and father to three daughters, Hallie, Aryn, and our colleague Hannah. John was also a legal visionary. Working as a trial attorney, John began to appreciate the intricate interplay between […]
Read MoreMaine Land Use Permitting: The Natural Resources Protection Act’s Development Review
Posted by: Archipelago Law in Environmental, Land Use on July 26, 2022
Whether you are a construction company, developer, engineer, site designer or homeowner, you must comply with stringent state permitting laws when working near a natural resource. The Maine legislature has acted to diminish the lasting adverse impacts on natural resources in light of accelerated development. By enacting the Natural Resources Protection Act (“NRPA”), the legislature […]
Read MoreShort Term Renting in Maine: A patchwork of regulation
Posted by: Archipelago Law in Uncategorized on July 18, 2022
Keith Richard, Principal Maine is renowned as a summer tourism destination. In Portland, even the “budget” hotels can run upwards of $400/night during the peak season. Given the shortage of rooms, and high prices, it’s no surprise that vacationers have looked to other options. Enter rental websites and apps like Airbnb and VRBO. Many Mainers have rented rooms, […]
Read MoreMaine’s New Residential Density Law May Trigger a Spark In Multi-Family Residential Development
Posted by: Archipelago Law in Land Use on June 30, 2022
The traditional suburban neighborhood lined with single family homes may be a thing of the past. That’s what Maine legislators had in mind when Governor Janet Mills recently signed Legislative Document 2003 into law. In a push for more housing and higher residential density, the law requires municipalities to allow multi-family housing in all residential zoning districts […]
Read MoreFor Want of Factual Findings: A Trend in Maine Supreme Court decisions
Posted by: Archipelago Law in Maine Court Decisions on June 23, 2022
Keith Richard, Principal In 2021, there were a few notable trends in decisions handed down by Maine Supreme Court, sitting as the Law Court. Each involved administrative appeals from state or local government adjudications that bear important lessons for parties that appear before municipal boards. The Court’s decisions vacated (reversed or overturned) the decisions at issue on […]
Read MoreEffects of Development and Reactive Zoning Amendments: An Increased Need For Hardship Variances
Posted by: Archipelago Law in Uncategorized on February 7, 2022
The swift reaction by many jurisdictions to regulate development could have a drastic side effect for everyday Mainers in hopes of developing their land. The rate of development in Maine is at an all-time high. As a result of this unprecedented urban sprawl, municipalities may be forced to react by enacting strict land use regulations limiting the […]
Read MoreBefore You Buy: Know Whether Others Have the Right to Use Your Property
Posted by: Archipelago Law in Uncategorized on February 7, 2022
With the current real estate boom, potential buyers should be sure to conduct their due diligence before buying, otherwise they may be sharing their newly acquired land with unwanted visitors. During a title search, title companies should identify any potential adverse interests in the property, including but not limited to easements. Easements provide an interest in land […]
Read MoreCashing In on Public Rights: How the Shorefront Property Owner Can Benefit from Maine’s Changing Intertidal Ownership Laws
Posted by: Archipelago Law in Uncategorized on September 23, 2021
A change in Maine law could revert ownership of intertidal land from shorefront property owners to the State to hold in trust for the public. What does this mean for the shorefront owners? While the intertidal, the land between the mean low tide and mean high tide lines, will no longer be subject to a […]
Read More