Location: Maine
Hi all, I have an easement that runs through my property in Maine. Long story short, but there has been ongoing issues with the easement holder. They have damaged my property, harrassed my family, and a lot of other things I won't get into. There was a lawsuit with settlement money, although it ended with prejudice and without admission of guilt on their part. Regardless, one of the plans I've had for my property for a while was to build a house. Nothing big, just a small home for a family member. The only reasonable and logical access point is the existing road (the easement/ROW road). Otherwise, I'd need to find a way to fit a long driveway/road beside my house, over a stream, and in some cases it might align too closely with the current easement. This stream would have two roads going over it, and I don't think DEP would even allow me to do that. And honestly, I wouldn't want to do that from an environmental standpoint.
Essentially, I would use the beginning/existing half of the road on my property, to enter into another part of my property via a little driveway/outlet off the side of the road. I looked over the deed language and it doesn't say anything about the easement holder having an "exclusive" right. I guess what I'm asking is: do I have the right to use the existing road for a house?
I'm going to preemptively assume they will try and claim I'm overburdening the easement because they've weaponized code enforcement and litigation (from a legal-abuse standpoint) in the past. They are very well off financially, so the have the means to do it. Also to note, I have a septic design in the works right now.
Any thoughts would be appreciated.