Is Pasture Lane Identified in Deed the Same As a Right of Way

[dnadeau1976]

My question involves an easement in the state of: Maine
We purchased a home 2 years ago. The house was built in 2002 on a parcel of land that was split off from a larger parcel, which itself has been split several times over the past several decades. The parcel of land that abuts one side of my property is an undeveloped parcel that was recently boundary surveyed. The surveyor marked out a Right of Way on the adjacent parcel that runs parallel to and along my property line. One of my other neighbors, who's parents were the original owners of all of the land dating back to the 1940's, approached me recently and told me that he believes the surveyor made a mistake, and the Right of Way should actually be on my side of the property line. He said that there was an old pasture lane that ran through my property along the side property line dating back to the 1940's, and continued behind my property, across a camp road, and down to a nearby lake. He said that there was an old stone wall that delineated the pasture lane, and was removed when they built my house in 2002. The stone wall would actually be right next to my exterior side wall he believes. He informed me of this because he is getting old and wanted to let me know that most of the people familiar with the way the land was divided are also getting old and won't be around much longer, so I should take care of any disputes now while my neighbor is still around and can supply first hand knowledge.

After hearing this, I went back and reviewed my deed. It references that the starting point of my property is also the corner of an old pasture lane, but does not mention an easement or Right of Way. I reviewed all of the previous deeds for the parcel as it was subdivided over the years, and they all reference the old pasture lane, but nothing about an easement or Right of Way. The area where the lane is supposed to be ends at the tree line in my back yard. There is no longer any evidence of the lane connecting from my property to the camp road behind.

I have a few questions:
1. Does the term "pasture lane" have the same meaning as Right of Way or Easement? Does it imply one?

2. If this means that I have some kind of Right of Way on my property, what would be the width of such a right of way, and do zoning setbacks refer to the property line, or the right of way line.

3. Since the pasture lane has not been used for many decades, and is not shown on any tax maps as a right or way, would it be difficult to extinguish such a right of way? I should note that the adjacent property is not landlocked and has frontage on two public roads, so there would be no need for them to use the right of way.

4. Am i responsible for notifying the surveyor of the adjacent property that he may be mistaken as to the location of such a right of way?

Thanks for your help. I'm just hoping to figure out how much of a head ache this could turn into, and if i need to start talking with an attorney.

[jk]

=dnadeau1976;624504]

I have a few questions:
1. Does the term "pasture lane" have the same meaning as Right of Way or Easement? Does it imply one?

in your situation it seems to be merely a point of reference and does not suggest an easement for any party.

2. If this means that I have some kind of Right of Way on my property, what would be the width of such a right of way, and do zoning setbacks refer to the property line, or the right of way line.

so far I see nothing that suggests there is an easement let alone on your property.

3. Since the pasture lane has not been used for many decades, and is not shown on any tax maps as a right or way, would it be difficult to extinguish such a right of way? I should note that the adjacent property is not landlocked and has frontage on two public roads, so there would be no need for them to use the right of way.

I wouldn't worry about this as there is no claim by anybody other than the old guy that there was a lane and that in itself does not create nor even imply an easement.

4. Am i responsible for notifying the surveyor of the adjacent property that he may be mistaken as to the location of such a right of way?

responsible; no. Would it be a good idea? Sure. He may be able to explain things to you. Beyond that, given the fact surveys in your area of the country are very dependent on monuments and markers that could be anything from a tree to a stone to a brook to a known road. Kind of imperfect and open to interpretation often. A surveyor can use all the information from the people familiar with the area as they can get.

Thanks for your help. I'm just hoping to figure out how much of a head ache this could turn into, and if i need to start talking with an attorney.

so far an attorney would be way premature.