I recently read Ken Ilguna's new book This Land Is Our Land: How We Lost the Right to Roam and How to Take It Back. In an extremely oversimplified nutshell, the book argues for public rights to recreate on private open land because some European countries do it and it's great. I don't necessarily agree with all the author's conclusions. However, it does present interesting questions to think about in the context of Maine law. First, what rights do Mainers have to recreate on privately owned land? Second, what rights do landowners have to enforce their rights to exclude? Lastly, what rights to landowners have in the event of damage or invasions of privacy?  

If you have ever gone for a walk in the woods on a public trail in Maine, it is very likely you have enjoyed the benefits of a conservation easement.  Looking back to my post about easements from last year, we know that an easement is a right of use on another's real estate. An easement can provide right of way access for you and your vehicles, or more limited access for a single utility. Easements can also provide rights by prohibiting the fee owner from using his or her property in a certain way. For example, a view easement may limit the height allowed on a piece of property.  Conservations are like the above examples; however, they do have some specific requirements provided by Maine statute.  

Buying land is not like buying a car or other personal property. You don’t want to just go to the supposed owner and hand them some cash and be on your way. Real estate purchases require proper written documentation to convey the land to you. The first step of a successful real estate deal is to bring on the right professionals to look out for your interests.