Paper roads in Maine

Submitted by lola_cat t3_yw4pze in Maine

Background: Behind my house sits a paper road (road that was intended to be built but abandoned by the developers) it has turned into this weird greenspace that no one legally owns but gives us a buffer between neighbors. I recently started clearing it out since it had become super overgrown and it has really opened up my backyard.

I am wondering if there is a way I can claim part of it that directly sits behind my property? Does one through a lawyer?

I think the downside would be the increase parcel in taxes but the tradeoff would be that I could put a shed back there or at least build it up so that it doesn't get as swampy.

Thank you

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Comments

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GhostOfLords t1_iwhi3us wrote

Have you checked to see if the developer still owns it? If so you might be able to purchase the lot from them.

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ppitm t1_iwhi6ai wrote

You can't just claim it. Any change would need to affect the entire street AFAIK. Generally it's the town deciding to let the paper street lapse. But this stuff is largely case-by-case, so it would take research and/or a lawyer.

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petrified_eel4615 t1_iwhieb2 wrote

DM me - I'm a land surveyor and can help you figure out exactly what you need to do.

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Bridgertrailrunner t1_iwhld9w wrote

Look up "adverse possession." This seems to be what you are describing, but you should absolutely talk to lawyer. It's almost always more straightforward to buy the land.

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Pjblaze123 t1_iwhtlh0 wrote

Twenty year wait. If no one contests it, you pay the back property taxes and it's yours.

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Yourbubblestink t1_iwhx5b5 wrote

That land belongs to someone else and they may be planning to build a garage there. I wouldn’t get too attached to it. It’s not yours

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el_gran_gato_montes t1_iwhxrg5 wrote

I'm a municipal lawyer who deals with this kind of thing all the time. Feel free to DM me if you'd like.

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eljefino t1_iwitpi5 wrote

There may be the possibility that that green space needs to exist for the subdivision to be legal.

Example, developer buys 10 acres. Town required two acres per lot. Developer builds five, one-acre lots and leaves five acres of green space for the residents of those lots.

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Cutlasss t1_iwjbudi wrote

Someone owns it. It may be a company, it may be the state, or the county. But someone owns it. It may be difficult to work out who. But the information exists somewhere.

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minimax34 t1_iwky5tb wrote

Are you sure it's not an easment rather than owned by another party?

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davidkster t1_iwl3mfd wrote

You have to check the history of the land's subdivision that created your house lot. The paper road may have been accepted by the Town. If it was then the Town needs to do a road vacation, where they vacate ownership to the abuttors. Thereby transferring the title to that piece of land equally to each abuttor. If the Town didn't accept that land you have to do a title search to find the owner and purchase the land from them. This isn't that uncommon, any Municipal or Land Use lawyer could do it for you. Most surveyors are familiar with road vacations too.

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Next-Ad6082 t1_iwo5r7c wrote

I believe the 20 years and pay back taxes may be the correct answer, although it got downvoted (and yes, "adverse possession"). For this to work, your use of the land for the 20 years also has to be "notorious", meaning that it's obvious to others that you're using it as your own. For example, you could fence the area that you want to claim. It must also be "hostile", meaning that you were not granted permission to use the land.

It's important to know, though, whether the city (or other municipality) still has claim to the land. I doubt that you can claim the land if the city hasn't relinquished their rights.

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