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Sarah Anne McDaniel

Sarah McDaniel’s Answers

30 total

  • State: Maine there are four owners to a property...all four are aware of it being rented and all monies are used to pay

    one owner is not allowing us to rent unless a separate check is sent to her each month for her share of rent...she does not agree to have any monies taken out for expenses and is in arrears $3000.00 from previous expenses she has not paid her shar...

    Sarah’s Answer

    As a partial owner, she would have to agree to the rental. While ultimately a partition action in Maine Superior Court is necessary to resolve this dispute among co-owners, it is possible that you and she can negotiate a better resolution. Does she want to occupy the place herself? Or does she want to be "bought out" of her share of the property? Depending on what she wants, it may be possible to negotiate a resolution that works for everyone.

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  • I need an attorney with experience with defending against an adverse possession claim. Do I look for a real estate attorney?

    Do you need a litigator with real estate experience or is an adverse possession defense more specialized?

    Sarah’s Answer

    Some attorneys who consider themselves "real estate attorneys" primarily focus their practice on real estate transactions. You need a litigation attorney, but when you call potential attorneys you should ask whether they have any experience with adverse possession claims.

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  • WILL WE HAVE TO MOVE OUR MODULAR HOME OFF OF MY PARENTS LAND IF THEY LOSE THERE PROPERTY OR SIGN IT OVER TO MY BROTHER?

    WE PLACED A 1999, 28X60 MODULAR HOME WITH A FULL DAYLIGHT BASEMENTON MY PARENTS LAND IN 1993 AND HAVE BEEN LIVING THERE EVER SINCE THEN. WHAT WILL HAPPEN IF MY PARENTS LOSE THEIR PROPERTY TO UNPAID TAXES, THE STATE TAKES IT IN THE EVENT OF THEIR...

    Sarah’s Answer

    In Maine, "squatters rights" is formally known as "adverse possession." It is difficult to prove, and the fact that your parents owned the land while you had your house there makes it more difficult. The reason is because, in Maine, the courts will presume that you had your parents' permission to keep your house on their land due to the family relationship. If your parents transfer ownership of their land, either voluntarily or by tax foreclosure or estate taxes, you are definitely at risk of losing your home.

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  • How can access to Cobbassee Stream be inforced?

    We, as stated in property access to Cobbassee Stream, have been denied access because Hilltop Log Homes has not provided a walkway for us. I've been told they don't intend to make this access.

    Sarah’s Answer

    Having access rights, and having someone else obligated to construct an access route are legally two different things. You should have an attorney review your deeds, any written contracts, permits and any verbal agreements that may exist regarding the access route. If the access was part of a town permit (for example, a subdivision approval), you may want to talk with the town code enforcement officer to see if the town will enforce any conditions in the approval. Otherwise, the only way to resolve the dispute is by voluntarily entering into an agreement (which should be in writing and recorded in your county registry of deeds) or by going to court.

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  • Can policeman grant outsiders permission to snowmobile on our private road w/easement for vehicular and pedestrian travel?

    There are two subdivisions on one dead end road off a town road. The first subdivision does not contribute to the cost of maintenance of the road. Our subdivision owns the deed to our private portion of the road and a ROW over theirs. All property...

    Sarah’s Answer

    The police do not have any authority to grant permission to any individual to use a private right of way. However, the police do have some discretion in deciding whether or not to prosecute someone for trespass. It may be that the police have simply told this person that they (police) will not take any action to stop the snowmobile use. However, if you are interpreting your deeds correctly, and if this woman does not have the right to snowmobile through your property, then you or the other members of the subdivision can bring a civil trespass action to make her stop. Good luck.

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  • I need to better understand the legal claim of adverse possession. I understood the "possession"needed to be continuous.

    Can a neighbor claim a legal strategy of adverse possession if they have only owned the property for 8 years and rented it for the first 5 years? Does continuous mean the same owner or if the property was used in the same continuous way?

    Sarah’s Answer

    Maine law does allow "tacking" so that if the prior owner of the neighbor's property also openly used the land in question, and all the years together add up to a 20-year period, that could potentially ripen into ownership by adverse possession. There are some very important exceptions to the rule, of course, so it is always a good idea to discuss the specific facts of the case with an attorney.

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  • I paid for land and a house that my fiancée put in his name only. i left him and he refused to buy me out what can I do?

    I paid for the land over time and was in both names we broke up for 3 months and he made me sign it over to him, as I had a second mortgage that had been illegally sold after my house was taken by the bank and he did not want to take a chance on l...

    Sarah’s Answer

    While you may have a legal right to all or a partial ownership interest in the house, you would have to file a lawsuit against the ex in order to recover. The evidence to demonstrate how much money you put into the house over time, versus how much he put into it, and then the evidence about any payment you may have received sounds like it will be very messy to review and to get a court to understand. But it will be worth your while to have a lawyer review your information in detail to give you a better sense of the strength of your claim.

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  • I need a real-estate lawyer

    I own a piece of property with another person and we do not agree on a lot of things pertaining to the property, for instance if we should sell, rent, renovations etc. I need to know where I stand legally and if I can force a sale even though the ...

    Sarah’s Answer

    You will definitely need a lawyer to provide specific legal advice after reviewing your deeds and the law of the state where the property is located. If the land were in Maine, for example, state law does allow you to file a "partition" lawsuit that would have the result of forcing a sale, buy-out or division of the land -- and in Maine you would have the right to file such a lawsuit even though you own a smaller percentage. There are also business formation possibilities where you and the other owner may be able to agree to property management rules that would be fair. You should find a lawyer who is licensed to practice in the state where the real estate is located.

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  • My Mother is 77 years old and wants me to take her power of attorney to cover everything money wise to medical

    We need to know where to find free papers to download and print for Maine?

    Sarah’s Answer

    I agree with the other attorneys here, and have also referred folks to the Maine Legal Services for the Elderly website. In general, you should keep in mind that the document controlling medical decisions (called an Advanced Heath Care Directive, or sometimes "living will") is a different document entirely than the financial power of attorney. Sometimes the best person to make financial decisions is not the best person to make the medical decisions. It is important to understand that those documents do not need to name the same person for both functions.

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