Restrictions on the Sale of Mobile Home Parks

By Real Estate

In 2023, the Maine Legislature enacted a bill to strengthen existing protections for homeowners in mobile home parks.  Since the late 1980s, Maine law has required the owner of a mobile home park to give residents notice of the owner’s intent to accept an offer to buy the park.  The recent amendments to this law increase the required time for notice, remove a significant exception to it, and require the park owner to consider certain purchase offers from residents during that time.  The law’s text can be found at Title 10, Section 9094-A of the Maine Revised Statutes.

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Timber Trespass: Unlawful Cutting of Trees

By Litigation, Real Estate

Under Maine law, an individual who cuts down a tree or trees on another’s property without permission may be liable for timber trespass.  Pursuant to 14 M.R.S. §7552, an individual may not cut down, destroy, damage or carry away any forest product or tree on land belonging to another without the property owner’s permission.  Anyone that does, may be liable for the following: Read More

Parting Ways Over Property: Partition Actions in Maine

By Litigation, Real Estate

Co-ownership of property among family members or unrelated parties is common in Maine. While co-ownership can make property more affordable, problems often arise when the owners cannot agree on use of the property, how to allocate the costs associated with maintenance and/or improvements, or if/when to sell the property.

When co-owners cannot resolve property disputes amongst themselves, a co-owner has the right to seek a partition of the property through the court system.  Depending on the form of partition action initiated, the court will order the physical division of the property (also known as a “statutory partition”) or order an equitable resolution, such as a timeshare or buyout (an “equitable partition”) to resolve the dispute. Read More