Lake Front Property Rights (Bangor, Hancock: real estate, insurance, assessor)

[lflane4334]

Who owns and/or controls the use of land that is created by the lowering of the level of a flood control lake? I have a beachfront lot. When they lower the lake more beach is formed. Is the waterfront/beachfront lot no longer a waterfront/beachfront lot? The tax assessor says that it is at all times a waterfront/beachfront lot. Then, there are those who claim it as "Public" property and proceed to use it as such. Is there a concern, over time, as to adverse possession? I would be greatful for any thoughtful comments

[Bydand]

It would be best to consult a property lawyer and have them look at your deed/title to the property. That way you have the specifics to your property and not a general answer that may or may not apply from an internet forum.

[Maineac]

Submerged lands, for the most part, are owned by the State. Drawdowns are typically permitted by both hydro utilities or the State. Adverse possession cannot be pursued against the Government, which is usually spelled out in the jurisdiction's adverse possession statute or caselaw if no statute on point.

There may be a novel argument that one may no longer have "shorefront" property if a drawdown is permanent, but still, one could argue that the property has unimpeded access directly to the water across State land, hence, effective waterfront.

[American girl]

The local employee of the company that owns the dam on Graham Lake had this to say several years ago about the that lake bottom

We, PPL, do not own the Graham Lake storage reservoir bottom other than just a very small area immediately adjacent to the Graham Lake reservoir dam. We bought the reservoir flowage rights so don't need to own the bottom. I do know what you are talking about though (4-wheelers), having seen it happening myself. One solution would be to have the reservoir bottom property owner(s) post it to no trespassing. Those current property owners are the heirs, assigns, and successors of the owners of the property that was flooded in 1923 when flowage rights were acquired from them, the dam was built, and the reservoir was created. It's a pretty simple, but probably time-consuming, title search exercise at the Hancock County Registry of Deeds. …. ATV users are legally required to get landowner permission prior to riding on another persons land

[Northern Maine Land Man]

When they took out the old Edwards dam that produced electricity, the property owners far up the river suddenly had more land. They own to the high water mark. On lakes with hydro dams the power company has the right to control water levels and that right is normally mentioned in deeds on those watersheds.

[WhoFanMe]

I'm trying to remember from my licensing classes, but I believe that in order for adverse possession to take place, it must be "open and notorious" for an uninterupted period of 20 years. A simple "No Trespassing" sign and/or a rope tied to two cones or something like that one day a year will stop the clock. With the advent of digital photography and time/date stamps, it shouldn't be an issue for most landowners.

[Maineac]

Open, notorious, hostile and adverse to the interests of the true owner and without permission under the colour of ownership or some such thing. The clear intent to claim it as your own. 20 years in Maine. Varies from one jurisdiction to the next. Maine caselaw dictates, so read up before you waste your time. Different judges have reached different conclusions under what appear to be similar circumstances. The Law Court supposedly says what the elements and proofs are, but that is still questionable. Public policy does not like adverse possession (and neither do the dispossessed landowners), but it's in the laws to provide a means of clearing title to property in dispute. It's a funky area of real estate law that goes back centuries. Primarily, though, it clarifies to the tax man who to send a bill to. "Possession" has to figure in quite heavily. Structures - dwelling being the best - is virtually mandatory. The true owner may have to "know or should have known." Hence "notorious" or some level of "notice" to the world if not the true owner. Otherwise we could all go hold up somewhere up above Caucmagomac under the trees, build a shack, stay hid, fence 100 acres and claim it in 20 years. It means building something of substance, not just fencing off someone else's land. Nor does simply paying the property taxes work.

[Northern Maine Land Man]

Every now and then you hear about a property being "landlocked". That essentially means the owner doesn't know where the right of way is located or some old grump has gated off the right of way and put up a sign. Here's an example:

Farmer jones has 100 acres with 1,000 feet of road frontage. He deeds over a 5 acre piece to his nephew. He sells another 5 acre piece to Sam Spade from Pennsylvania. He sells a piece to his neighbor as an abutter. Finally he sells the last 5 acre front piece to a guy from Bangor. Nephew sells his 5 acre piece to a guy from town who builds a nice home on it. The Bangor guy builds a nice home on his piece.

Farmer Jones dies. His daughter inherits the 80 acres. She sells the nicely wooded 80 acres to a local logger. The logger plans to harvest the wood. His attorney researches the property history and finds that the last lot sold to the guy from Bangor. That is the residual right of way. The logger stops by and introduces himself to the new homeowner. He asks where he would like the logging road to be. The new homeowner becomes upset. He'll have to get over it. He also will buy title insurance next time he buys a piece of land. The logging road goes in along the south boundary, across the lawn and being careful to stay more than 75 feet from the brook.

[shadowfax1997]

Originally Posted by lflane4334

Who owns and/or controls the use of land that is created by the lowering of the level of a flood control lake? I have a beachfront lot. When they lower the lake more beach is formed. Is the waterfront/beachfront lot no longer a waterfront/beachfront lot? The tax assessor says that it is at all times a waterfront/beachfront lot. Then, there are those who claim it as "Public" property and proceed to use it as such. Is there a concern, over time, as to adverse possession? I would be greatful for any thoughtful comments

I must be more than a little out of it today, because many of the posts seem random and wordy without answering the original post.

I believe law in maine is that the waterfront land is owned by the property owner to the low level mark ocean front, except there is a public right of way for fishing and moving through that area. I don't believe someone can setup a picnic in that area in front of someones house. I suspect it would apply similarly to a lake that is flood control. You own the beach, but people can pass over it.

IMHO - there is no concern about adverse possession. As stated earlier, a quick chat with a real estate attorney might be in order if you are concerned.

[AustinB]

Originally Posted by shadowfax1997

I must be more than a little out of it today, because many of the posts seem random and wordy without answering the original post.

I believe law in maine is that the waterfront land is owned by the property owner to the low level mark ocean front, except there is a public right of way for fishing and moving through that area. I don't believe someone can setup a picnic in that area in front of someones house. I suspect it would apply similarly to a lake that is flood control. You own the beach, but people can pass over it.

IMHO - there is no concern about adverse possession. As stated earlier, a quick chat with a real estate attorney might be in order if you are concerned.

It's actually for fishing and fowling. You can't just walk across the beach, nor can you set up a chair. It all really depends upon how the deed is/was written, and on the original conveyance. I believe the OP was asking about dam controlled lakefront property. I don't have the correct answer for that though.