Maine Real Estate License Practice Exam

What is the best method for Mrs. Althorpe and Mr. Willowby to remove the easement?

1. Go to court and sue for an action of partition

2. Verbally agree to remove the easement and shake hands

3. Abandon the easement for 60 years

4. Have an attorney at law put their agreement in writing and record the agreement at the Registry of Deeds

The correct answer is: Have an attorney at law put their agreement in writing and record the agreement at the Registry of Deeds

The best method for Mrs. Althorpe and Mr. Willowby to remove the easement is to have an attorney at law draft their agreement in writing and then record that agreement at the Registry of Deeds. This approach provides a clear, legally binding document that specifies the terms of the easement removal, ensuring that both parties are in agreement. Recording the document at the Registry of Deeds gives public notice of the change in the property rights and provides protection for both parties against future disputes or claims regarding the easement. Having a written and recorded agreement is essential in real estate transactions as it establishes formal evidence of the parties' intent and the actions taken to eliminate the easement. In contrast, informal agreements or verbal understandings lack the legal standing that can be upheld in court, which may lead to misunderstandings or disputes later on. Other methods, such as abandoning the easement for a period of time, may not be legally sufficient to remove the easement entirely, as easements can potentially remain in effect indefinitely under certain conditions unless formally nullified. Going to court to sue for partition doesn't directly address the removal of an easement and would likely be unrelated to their situation, which focuses on the easement itself.