Property Line Laws in Maine

Maine property line laws are shaped by the state's vast northern forests, rugged coastline, and centuries-old New England land records. With nearly 90% of the state forested, timber boundary disputes are among the most common and consequential property conflicts. Maine's treble damages statute for timber trespass and its colonial-era fence viewer system reflect the importance of boundary clarity in a state where millions of acres of timber land change hands regularly.

Fence Laws in Maine

Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Maine, understanding these rules can prevent costly disputes with neighbors.

General Fence Law

Maine follows: closed range statewide

Maine is a closed-range state. Under 30-A M.R.S.A. § 3101, municipalities can appoint fence viewers to determine partition fence obligations. Adjoining landowners generally share the responsibility for maintaining boundary fences in agricultural areas. Maine's fence viewer system is one of the oldest in the country, dating back to colonial times.

Notification Requirements

Under Maine's fence viewer statutes, a landowner should request fence viewer intervention through the municipality before seeking to compel an adjoining owner to build or repair a shared fence. Written notice to the neighbor is customary.

Spite Fence Rules

Maine has a specific spite fence statute (17 M.R.S.A. § 2801). A fence over 6 feet high that is maintained for the purpose of annoying an adjoining owner is deemed a private nuisance. The affected neighbor can seek damages and removal.

Adverse Possession in Maine

Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.

Statute of Limitations: 20 years in Maine

Requirements for an Adverse Possession Claim

Claimant must demonstrate actual, open, notorious, continuous, hostile, and exclusive possession for 20 years. Maine courts strictly require that the possession be visible and obvious enough to put a reasonable owner on notice. Payment of taxes is not required but supports the claim.

If you are a property owner in Maine, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.

Timber Trespass Laws in Maine

Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Maine law provides significant penalties to deter this behavior and compensate affected property owners.

Penalty: triple damages

Statute Reference

14 M.R.S.A. § 7552 provides for treble damages for willful timber trespass. Maine law also provides for stumpage value damages when trees are cut negligently. Given Maine's massive timber industry, this statute is frequently litigated.

To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.

Resolving Boundary Disputes in Maine

Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Maine offers several paths to resolve these disagreements.

Resolution Options

Boundary disputes in Maine are resolved through superior court. Maine courts consider survey evidence, acquiescence, and the practical location of boundaries. For timber land disputes, the value of standing timber often makes precise boundary determination financially critical.

Quiet Title Actions

Quiet title actions are filed in superior court under 14 M.R.S.A. § 6651. All known and unknown claimants must be given notice. Maine's unorganized territories in the north require special procedures for state-held lands.

The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.

Property Easements in Maine

An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.

Common Easement Types

Common easements in Maine include utility easements, timber haul road easements, shoreline access easements, and seasonal road easements. Public access easements for great ponds (lakes over 10 acres) are constitutionally significant in Maine.

Prescriptive Easements

Prescriptive Easement Period: 20 years in Maine

A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.

How to Determine Your Property Boundaries

Knowing your exact property lines is the foundation of protecting your rights under Maine law. Here are the most common ways to determine where your boundaries are:

Check county records — Maine has 16 counties, many of which provide online GIS or parcel viewer tools where you can look up property boundaries by address.
Review your deed — Your property deed contains a legal description of your land with metes and bounds measurements or lot and block references.
Look for physical markers — Iron pins, concrete monuments, or survey stakes may mark your boundary corners from a previous survey.
Hire a licensed surveyor — The Maine Board of Licensure for Professional Land Surveyors regulates land surveyors in Maine. A professional survey provides a legally binding boundary determination.
Use ParcelVision AR — See your property lines overlaid on the real world through your iPhone camera for an instant visual understanding of your boundaries.

Visualize Your Boundaries Instantly

Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Maine and walk your boundaries in minutes.

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This page is for informational purposes only and does not constitute legal advice. Property laws vary by jurisdiction and may change. Consult a licensed attorney in Maine for legal guidance on property boundary matters.

Frequently Asked Questions

How long does adverse possession take in Maine?

Maine requires 20 years of actual, open, notorious, continuous, hostile, and exclusive possession. Courts strictly require that the possession be visible enough to give a reasonable property owner notice that someone is claiming their land.

What is a spite fence under Maine law?

Under 17 M.R.S.A. § 2801, a fence over 6 feet high maintained for the purpose of annoying an adjoining owner is deemed a private nuisance. The affected neighbor can sue for damages and seek a court order requiring the fence to be reduced or removed.

What happens if someone cuts trees on my property in Maine?

Maine law provides treble (triple) damages for willful timber trespass under 14 M.R.S.A. § 7552. Given Maine's extensive timber industry and valuable forest land, timber trespass cases can involve substantial damages, particularly in the commercially managed northern forests.