John Christopher Bannon’s Answers

John Christopher Bannon

Portland Land Use / Zoning Attorney.

Contributor Level 6
  1. Real Estate use

    Answered over 1 year ago.

    1. Walter Wilbur Beuhler
    2. John Christopher Bannon
    3. Stephen Neil Foster
    4. Alan Dean Tysinger
    4 lawyer answers

    If the school has been using your land with your permission, it can never acquire ownership rights in your land no matter how long it uses it. You have the right to revoke your permission at any time. Rights by adverse possession can arise only if the school were using the land without your permission. Your concern about the changing of school administrations is valid, because the "institutional memory" that the school is using the land with your permission may be forgotten and the school...

    7 lawyers agreed with this answer

  2. Do I need a real estate attorney?

    Answered over 1 year ago.

    1. Katie Jean Comstock
    2. J. Richard Mc Entee Jr.
    3. Daniel Garrett Wilmot
    4. John Christopher Bannon
    4 lawyer answers

    I'm afraid you probably do need a real estate attorney -- although it will not be me, because I am not licensed to practice only in Maine, and not in Washington state. I briefly surveyed the case law in Washington to see if it was consistent with Maine law. I found that it was virtually identical, except that the period of occupancy needed to establish title by adverse possession is only 10 years in Washington, as opposed to 20 years in Maine. There is no such thing as a "clear-cut"...

    7 lawyers agreed with this answer

  3. Why am I paying taxes on easement [driveway] property?

    Answered over 1 year ago.

    1. Richard J. Chertock
    2. Jack Richard Lebowitz
    3. John Christopher Bannon
    4. Michael C. Wild
    4 lawyer answers

    If no other Avvo attorneys been able to answer your question in a satisfactory manner, it may be because there is no answer that would strike you as being just. If so, that is not necessarily surprising, The legal system often leads to results that reasonable people would consider unjust. However, attorneys do not make the law; that authority rests solely in the hands of judges and legislatures. We can only tell you what the law is -- not what it should be. I infer from your question...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Would my landlords be grandfathered when it comes to a health hazord

    Answered over 1 year ago.

    1. John Christopher Bannon
    1 lawyer answer

    No one is "grandfathered" once a septic system begins malfunctioning. "Grandfathering" only protects persons who have septic systems that are still functioning adequately but do not meet present design standards. I recommend that you call your local town hall, ask for the Plumbing Inspector, and report the situation to him or her. It is likely that the Plumbing Inspector will at least investigate the malfunction, and if he or she confirms a malfunction, will order the landlord to repair or...

    3 lawyers agreed with this answer

  5. Who is responsible for maintaining right of ways. Also what are the rights of the land owner, verses having the right to the ROW

    Answered almost 2 years ago.

    1. John Christopher Bannon
    1 lawyer answer

    The place to start is by reading carefully the deed that conveys the easement. It may specify how maintenance responsibilities are allocated. If the deed is silent on the point, the general rule is that the person who enjoys the right-of-way has the right to maintain it. The person who owns the land over which the right-of-way crosses has no obligation to maintain it. This is only a general rule. There are numerous limitations on the extent to which the easement owner can "maintain"...

    3 lawyers agreed with this answer

  6. Can I reopen a denied case if the attorney never sent a copy of answer to plaintiff

    Answered over 1 year ago.

    1. John Christopher Bannon
    2. Alan James Brinkmeier
    2 lawyer answers

    I cannot answer your question definitively without knowing what kind of case you have and what type of motion you filed. However, I have two suggestions: 1. If fewer than 10 days have passed since the judge entered the order on your motion, you may file a motion for reconsideration under Rule 59(e) of the Maine Rules of Civil Procedure. You would set forth the circumstances you described in your question as grounds for the motion. 2. If more than 10 days have passed since the entry...

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  7. Garage built too close to property line

    Answered over 1 year ago.

    1. Celia R Reed
    2. Matthew M Ellingson
    3. John Christopher Bannon
    3 lawyer answers

    Your neighbor has no legal remedy to force you to move your house, so long as it is not actually encroaching on his property. This isn't a situation in which you would need rights by adverse possession to keep your house where it is located, because you only need such rights to maintain structures on, or use of, land within the boundaries of another person. The real problem, as I see it, is that the house presumably violates the current minimum boundary line setbacks set forth in the...

    3 lawyers agreed with this answer

  8. Can I write a letter to the judge in my divorce/custody hearing ?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. John Christopher Bannon
    2 lawyer answers

    If I understand your question correctly, the answer is "no." To the extent you wish to make the judge aware of new evidence or arguments, the judge can only consider information that he or she receives during a judicial hearing. If the judge has already ruled on your case, then you or your attorney must file a motion for reconsideration or for a new trial in order bring new evidence to the judge's attention. I must tell you, however, such efforts are rarely successful. It would be one thing...

    1 lawyer agreed with this answer

  9. Can my wife, from whom I'm separated keep our daughter away from me?

    Answered over 1 year ago.

    1. John Christopher Bannon
    1 lawyer answer

    This is problem is all-too-common. I cannot tell from your question whether you have an existing court order establishing the rights of each ex-spouse to have a custody of, or visitation rights with, your daughter. If you do not have such an order, you need one immediately. It is difficult enough the enforce visitation rights with an uncooperative ex-spouse when you DO have a court order establishing a visitation schedule; without one, you are helpless. Not having a clear visitation...

    1 lawyer agreed with this answer

  10. I remodeled my parents garage and moved in 2007 with his permission, and have lived here since rent free.

    Answered over 1 year ago.

    1. John Christopher Bannon
    1 lawyer answer

    It is difficult to answer your question without more information. However, there is a great deal of misinformation out there about what you call "squatter's rights." In fact, there is no such principle. It is a short-hand expression for "adverse possession." Although I could discuss all the elements of adverse possession, I will focus on the elements that are probably of the greatest significance to you. First, rights by adverse possession do not arise until a person has been in...

    1 lawyer agreed with this answer

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