Navigating Maine’s New Road Disclosure Law

Maine practitioners representing a seller of commercial or undeveloped real estate must advise their client as to new access road disclosure requirements recently enacted by the state legislature. 33 M.R.S.A. § 193, which became law in Maine effective August 1, 2018, requires a seller of nonresidential real property to disclose to the purchaser, to the extent known by the seller, (i) information identifying any abandoned or discontinued town ways, any public easements, and any private roads located on or abutting the property, and (ii) information identifying any party, parties, or road association responsible for maintenance of any abandoned or discontinued town way, public easement, or private road so identified.

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