On August 1, 2018, 33 MRSA § 193 went into effect, requiring sellers of nonresidential property to disclose “information identifying any abandoned or discontinued town ways, any public easements and any private roads located on or abutting the property, if known by the seller” along with “information identifying the party or parties responsible for maintenance of any abandoned or discontinued town way, public easement or private road on or abutting the property identified pursuant to subsection 1, including any responsible road association, if known by the seller” (Me. Stat. tit. 33, §193). It was subsequently repealed by Legislative Document 1151 on March 7, 2019.
On September 19, 2019, a new statute, 33 MRSA §193, sub–§3, will take effect, requiring sellers of nonresidential property to disclose information “describing the means of accessing the property by a public way” and “any means other than a public way, in which case the seller shall disclose information about who is responsible for maintenance of the means of access, including any responsible road association, if known by the seller” (H.P. 622, 129th Leg., 1st Reg. Sess. [Me. 2019]).
While the prior act required disclosures of known information about abandoned or discontinued town ways, public easements, private roads, and their maintenance, the new rule requires sellers to disclose information about all means of accessing the property, but only requires disclosure of who is responsible for maintenance for means other than a public way. Thus, the disclosure requirements are no longer limited to abandoned or discontinued ways, public easements, and private roads. Rather, sellers must disclose “any means” of accessing the property.
Since the answers to these questions are often unclear, it is likely that municipalities will field more phone calls and inquiries about the status of roads.
