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Commonly Asked Questions about Maine Real Estate Laws

Maine no longer requires that a real estate closing attorney be used when purchasing property. However, it is common for buyers and sellers to use attorneys to assist with the legal aspects of a real estate transaction.
FOR BUYERS: You can choose your own closing attorney and decide where you prefer the closing to take place.
Under Maine law, a property boundary described as extending to or along the shore of a tidal area extends only to the high water mark, and not to the low water mark and the intertidal area between the upland owners land and the low water mark could be owned by another party.
Under home rule, municipalities may govern themselves in any way that is not denied them by state or federal law. This authority sets Maine apart from many other states where the authority of municipal government is exactly the reverse.
Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New
States that require attorney involvement or where attorney involvement is customary: Connecticut, Delaware, Georgia, Massachusetts, South Carolina, Vermont and West Virginia. In Illinois, North New Jersey, New York, North Carolina and Ohio, attorney involvement in a real estate closing may be customary.
What are the requirements for adverse possession in Maine? In Maine, squatters can gain legal ownership of a property after 20 years of continuous occupation. The possession must be actual, open, notorious, exclusive, hostile, and continuous for the full 20 year period.
While a lawyer is not strictly required by law for property closings in Maine, it is necessary if you want to be well-represented in the deal.