Background
A Maine landowner purchased waterfront real estate consisting of two non-contiguous parcels. The parcel closest to the ocean was subject to a public easement allowing people to cross the land to access the beach. The second parcel contained a residence that was not the owner’s primary home, so homestead protections against claims did not apply.
Key Legal Issue
The owner was concerned about potential personal injury and premises liability claims from individuals using the easement across her property, which could expose her personal assets to satisfy those claims.
Resolution
Working with local land-use counsel, we obtained approval from the town planning board to treat the oceanfront parcel as a separate lot without requiring a subdivision plan. We then transferred that parcel into a Maine LLC which was owned by the client, yet a recognized separate person under the law.
This structure separated the client’s personal assets—including her second home—from potential liability. We also updated her insurance policy to include the new LLC as an additional insured at no extra cost, ensuring appropriate and sufficient coverage of any future claims.