33 M.R.S. § 479 — ME Code / Title 33 / Chapter 7 / Section 479
33 §479. Validity
Status: in_force

A conservation easement is valid even though: [PL 1985, c. 395, §3 (NEW).]

1. Not appurtenant to interest in real property. It is not appurtenant to or does not run with an interest in real property; [PL 1985, c. 395, §3 (NEW).]

2. Assigned to another holder. It can be or has been assigned to another holder; [PL 1985, c. 395, §3 (NEW).]

3. Not recognized at common law. It is not of a character that has been recognized traditionally at common law; [PL 1985, c. 395, §3 (NEW).]

4. Negative burden. It imposes a negative burden; [PL 1985, c. 395, §3 (NEW).]

5. Affirmative obligations. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; [PL 1985, c. 395, §3 (NEW).]

6. Benefit does not touch or concern real property. The benefit does not touch or concern real property; [PL 1985, c. 395, §3 (NEW).]

7. No privity of estate or of contract. There is no privity of estate or of contract; [PL 2007, c. 412, §6 (AMD).]

8. Does not run to successors or assigns. It does not run to the successor and assigns of the holder; [PL 2007, c. 412, §7 (AMD).]

9. Acquired for tax delinquency. A lien has been established for property tax delinquency under Title 36, section 552 , or title to the real property subject to the conservation easement has been acquired by procedures for enforcement and foreclosure of delinquent taxes under Title 36, chapter 105, subchapter 9 ; or [PL 2007, c. 412, §8 (NEW).]

10. Merger. The title to the real property subject to the conservation easement has been acquired by the holder, unless the holder, with the consent of any 3rd party with rights of enforcement, replaces the conservation easement with legally binding restrictions under a conservation easement or declaration of trust at least as protective of the conservation values of the protected property as provided by the replaced easement. [PL 2007, c. 412, §9 (NEW).]
33 M.R.S. § 2181 — ME Code / Title 33 / Chapter 45 / Section 2181
33 §2181. Informal conference
Status: in_force

1. Request for informal conference. Not later than 30 days after receipt of a notice under section 2170 , the putative holder may request an informal conference with the administrator to review the determination. The holder must include in the request the specific items to be discussed. Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator. [PL 2019, c. 498, §22 (NEW).]

2. Response to request for informal conference. If a putative holder makes a timely request under subsection 1 for an informal conference: A. Not later than 30 days after the date of the request, the administrator shall set the time and place of the conference; [PL 2019, c. 498, §22 (NEW).] B. The administrator shall give the putative holder notice in a record of the time and place of the conference; [PL 2019, c. 498, §22 (NEW).] C. The conference may be held in person, by telephone or by electronic means, as determined by the administrator; [PL 2019, c. 498, §22 (NEW).] D. The request tolls the 90-day period under sections 2183 and 2184 until notice of a decision under paragraph G has been given to the putative holder or the putative holder withdraws the request for the conference; [PL 2019, c. 498, §22 (NEW).] E. The conference may be postponed, adjourned and reconvened as the administrator determines appropriate; [PL 2019, c. 498, §22 (NEW).] F. The administrator or administrator's designee with the approval of the administrator may modify a determination made under section 2170 or withdraw the determination; and [PL 2019, c. 498, §22 (NEW).] G. The administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 30 days after the conference ends. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

3. Conference not administrative remedy; procedure. A conference under subsection 1 is not an administrative remedy. An oath is not required and rules of evidence do not apply in the conference. [PL 2019, c. 498, §22 (NEW).]

4. Opportunity to confer informally. At a conference under subsection 2 , the putative holder must be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to: A. Discuss the determination made under section 2170 ; and [PL 2019, c. 498, §22 (NEW).] B. Present any issue concerning the validity of the determination made under section 2170 . [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

5. Failure to act within period. If the administrator fails to act within the period prescribed in subsection 2, paragraph A or G , the failure does not affect a right of the administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 2170 during the period in which the administrator failed to act until the earlier of: A. The date under section 2183 on which the putative holder initiates administrative review or the date on which the putative holder files an action under section 2184 ; and [PL 2019, c. 498, §22 (NEW).] B. Ninety days after the putative holder received notice of the administrator's determination under section 2170 if no review was initiated under section 2183 and no action was filed under section 2184 . [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

6. Informal conference before administrative review. The administrator may hold an informal conference with a putative holder about a determination under section 2170 without a request at any time before the putative holder initiates administrative review under section 2183 or files an action under section 2184 . [PL 2019, c. 498, §22 (NEW).]

7. Interest and penalties. Interest and penalties under section 2194 continue to accrue on property not reported, paid or delivered as required by this Act after the initiation, and during the pendency, of an informal conference under this section. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 452 — ME Code / Title 33 / Chapter 7 / Section 452
33 §452. Deeds and contracts by agents
Status: in_force

Deeds and contracts executed by an authorized agent of a person or corporation in the name of his principal, or in his own name for his principal, are in law the deeds and contracts of such principal.
33 M.R.S. § 801-A — ME Code / Title 33 / Chapter 13 / Section 801-A
33 §801-A. Definitions
Status: in_force

The systems of plane coordinates that have been established by the National Ocean Survey, and the National Geodetic Survey, or their successors, and the State for defining and stating the geographic positions of locations of points on the surface of the earth within the State are hereafter to be known and designated as the Maine Coordinate System of 1927, the Maine Coordinate System of 1983 and the Maine Coordinate System of 2000. For the purpose of the use of these systems, the State is divided into the "East Zone," "West Zone," "Maine 2000 West Zone," "Maine 2000 Central Zone," and "Maine 2000 East Zone" as follows. [PL 2011, c. 126, §2 (NEW).]

1. East Zone. The area included in the following counties constitutes the East Zone: Aroostook, Hancock, Knox, Penobscot, Piscataquis, Waldo and Washington. [PL 2011, c. 126, §2 (NEW).]

2. West Zone. The area included in the following counties constitutes the West Zone: Androscoggin, Cumberland, Franklin, Kennebec, Lincoln, Oxford, Sagadahoc, Somerset and York. [PL 2011, c. 126, §2 (NEW).]

3. Maine 2000 West Zone. The Maine 2000 West Zone is the area bounded by the following: beginning at the point determined by the intersection of the Maine state line and the county line between Aroostook and Somerset counties, thence following the Somerset County line easterly to the northwest corner of the Somerset and Piscataquis county line, thence southerly along this county line to the northeast corner of the Athens town line, thence westerly along the town line between Brighton Plantation and Athens to the westerly corner of Athens, and continuing southerly to the southwest corner of the town of Athens where it meets the Cornville town line, thence westerly along the Cornville - Solon town line to the intersection of the Cornville - Madison town line, thence southerly and westerly following the Madison town line to the intersection of the Norridgewock - Skowhegan town line, thence southerly along the Skowhegan town line to the Fairfield town line, thence easterly along the Fairfield town line to the Clinton town line, being determined by the Kennebec River, thence southerly along the Kennebec River to the Augusta city line, thence easterly along the city line to the Windsor town line, thence southerly along the Augusta - Windsor town line to the northwest corner of the Lincoln County line, thence southerly along the westerly Lincoln County line to the boundary of the State of Maine as determined by maritime law, thence following the state boundary southwesterly to the Maine - New Hampshire state line, thence following the state boundary on the westerly side of the State to the point of beginning. [PL 2011, c. 126, §2 (NEW).]

4. Maine 2000 Central Zone. The Maine 2000 Central Zone is the area bounded by the following: beginning at the point determined by the intersection of the Maine state line and the county line between Aroostook and Somerset counties, thence northeasterly along the state line to the intersection of the Fort Kent - Frenchville town line, thence southerly along this town line to the intersection with the New Canada Plantation - T17 R5 WELS town line, thence continuing southerly along town lines to the northeast corner of Penobscot County, thence continuing southerly along the Penobscot County line to the intersection of the Woodville - Mattawamkeag town line (being determined by the Penobscot River), thence along the Penobscot River to the Enfield - Lincoln town line, thence southeasterly along the Enfield - Lincoln town line and the Enfield - Lowell town line, thence westerly to the northeast corner of the town of Passadumkeag, thence south-southeasterly along town lines to the intersection of the Hancock County line, thence southerly along the county line to the intersection of the Otis - Mariaville town line, thence southerly along the Otis - Mariaville town line to the Ellsworth city line, thence southerly along the Ellsworth city line to the intersection of the Surry - Trenton town line, thence southerly along the easterly town lines of Surry, Blue Hill, Brooklin, Deer Isle and Stonington to the Knox County line, thence following the Knox County line to the boundary of the State of Maine as determined by maritime law, thence following the state boundary westerly to the intersection of the Sagadahoc - Lincoln county line, thence northerly along the easterly boundary of the Maine 2000 West Zone, as defined, to the point of beginning. [PL 2011, c. 126, §2 (NEW).]

5. Maine 2000 East Zone. The Maine 2000 East Zone is the area bounded by the following: beginning at the point determined by the intersection of the Maine state line and the Fort Kent - Frenchville town line, thence continuing easterly and then southerly along the state line to the boundary of the State of Maine as determined by maritime law, thence following the state boundary westerly to the intersection of the Knox - Hancock county line, thence northerly along the easterly boundary of the Maine 2000 Central Zone, as defined, to the point of beginning. [PL 2011, c. 126, §2 (NEW).]
33 M.R.S. § 752 — ME Code / Title 33 / Chapter 11 / Section 752
33 §752. Records preservation surcharge
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. (TEXT EFFECTIVE UNTIL 1/01/26) Surcharge. In addition to any other fees required by law, a register of deeds may collect a surcharge of $3 per document for all records that are recorded in the registry of deeds, except those recorded by agencies of State Government, including quasi-independent state entities as defined in Title 5, section 12021, subsection 5 , and municipalities. [PL 2017, c. 116, §1 (AMD).]

1. (TEXT EFFECTIVE 1/01/26) Surcharge. In addition to any other fees required by law, a register of deeds may collect a surcharge of $5 per document for all records that are recorded in the registry of deeds, except those recorded by agencies of State Government, including quasi-independent state entities as defined in Title 5, section 12021, subsection 5, and municipalities. [PL 2025, c. 328, §8 (AMD); PL 2025, c. 328, §10 (AFF).]

2. Account. The surcharge imposed in subsection 1 must be transferred to the county treasurer who shall deposit it in a separate nonlapsing account within 30 days of receipt. Money in the account is not available for use as a general revenue of the county. Interest earned on the account must be credited to the account. [PL 1997, c. 503, §1 (NEW).]

3. Expenditures from account. The money in the account established in subsection 2 must be used for the restoration, re-creation and preservation of the records recorded in the office of the register of deeds, including preservation by creation of a digital image stored on magnetic or optical media. The money may not be used for initial recording of documents. [PL 2005, c. 584, §1 (AMD).]

4. Repeal. [PL 2003, c. 294, §2 (RP).]

5. Annual report. The register of deeds for each county shall report annually to the joint standing committee of the Legislature having jurisdiction over state and local government matters on the amount of surcharge funds raised and expended and the use of those funds. The registers of deeds may jointly prepare and submit the report required under this subsection, as long as the required information is separately described for each county. [PL 2003, c. 294, §3 (NEW).]

6. Misappropriation of funds; penalty. Any county that uses funds from the records preservation surcharge account established in subsection 2 for any purpose that is not in accordance with the standards established in subsection 3 commits a civil violation for which a fine of $100 per day from the date of the withdrawal to the date the money is restored to the account must be adjudged. Fines must be paid out of the county budget and be deposited in the account established in subsection 2 . [PL 2005, c. 584, §2 (NEW).]
33 M.R.S. § 162 — ME Code / Title 33 / Chapter 7 / Section 162
33 §162. No estate greater than tenancy at will unless by writing
Status: in_force

There can be no estate created in lands greater than a tenancy at will, and no estate in them can be granted, assigned or surrendered unless by some writing signed by the grantor or maker or his attorney.
33 M.R.S. § 552 — ME Code / Title 33 / Chapter 9 / Section 552
33 §552. Validation
Status: in_force

All marginal discharges of mortgages recorded prior to April 1, 1974, duly attested by the register of deeds as being recorded from discharge in margin of original mortgage, are validated and have the same effect as if made as provided in section 551 . [PL 1997, c. 103, §1 (AMD).]
33 M.R.S. § 1217 — ME Code / Title 33 / Chapter 25 / Section 1217
33 §1217. Fees
Status: in_force

All registration fees except those designated for registers of deeds shall be used to carry out the purposes of this chapter. The Director of the Bureau of Parks and Lands is authorized to accept funding from federal or other public or private sources to carry out the purposes of this chapter. [PL 1975, c. 509, §12 (AMD); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]
33 M.R.S. § 586 — ME Code / Title 33 / Chapter 10 / Section 586
33 §586. Users subject to land
Status: in_force

All unit owners, tenants of such owners, employees of owners and tenants, or any other persons who may in any manner use property or any part thereof submitted to the provisions of this chapter shall be subject to this chapter and to the declaration and bylaws of the association of unit owners. [PL 1965, c. 357 (NEW).]

All agreements, decisions and determinations lawfully made by the association of unit owners in accordance with the voting percentages established in this chapter, declaration or bylaws, shall be binding on all unit owners. [PL 1965, c. 357 (NEW).]
33 M.R.S. § 761 — ME Code / Title 33 / Chapter 12 / Section 761
33 §761. Statutory forms; incorporation by reference; title
Status: in_force

The forms set forth in section 775 may be used and shall be sufficient for their respective purposes. They shall be known as "Statutory Short Form Deeds" and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms shall not prevent the use of other forms. Wherever the phrase, "incorporation by reference" is used in this chapter, the method of incorporation as indicated in said forms shall be sufficient, but shall not preclude other methods. This chapter may be cited as the "Short Form Deeds Act". [PL 1967, c. 377 (NEW).]
33 M.R.S. § 160 — ME Code / Title 33 / Chapter 7 / Section 160
33 §160. -- mortgage or trust
Status: in_force

When real estate is conveyed in mortgage or in trust to 2 or more persons, with power to appoint a successor to one deceased, it is held in joint tenancy unless otherwise expressed. When one or more of the trustees, by death or otherwise, is divested of his interest, those remaining may convey such interest upon the same trusts, without impairing the joint tenancy, to trustees by them appointed, who shall hold the title, have the rights and be subject to the liabilities of the other trustees. Personal property, with real estate and upon the same trusts, is held as the real estate is, and it may be conveyed by the remaining trustees with the real estate and held in like manner.
33 M.R.S. § 1601-108 — ME Code / Title 33 / Chapter 31 / Section 1601-108
33 §1601-108. Supplemental general principles of law applicable
Status: in_force

The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance or other validated or invalidating cause supplement the provisions of this Act, except to the extent inconsistent with this Act. [PL 1981, c. 699 (NEW).]

No consent or joinder of the spouse of a unit owner shall be required for any action of the unit owner required or permitted under this Act, except that in a case of a conveyance or transfer of a unit, the law of Maine relating to the rights of a spouse in real estate shall apply to such conveyance or transfer. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 2117 — ME Code / Title 33 / Chapter 45 / Section 2117
33 §2117. Crediting income or gain to owner's account
Status: in_force

1. Income or gain realized. If property other than money is delivered to the administrator, the owner is entitled to receive from the administrator income or gain realized or accrued on the property before the property is sold. If the property was an interest-bearing demand, savings or time deposit, the administrator shall pay interest at the current 10-year average cash pool rate. Interest is calculated from the date the property is delivered to the administrator and ends on the expiration of 10 years after its delivery or the date on which payment is made to the owner, whichever is earlier. [PL 2019, c. 498, §22 (NEW).]

2. Period before effective date. Interest on interest-bearing property is not payable under this section for any period before the effective date of this Act, unless authorized by former chapter 41 . [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1703 — ME Code / Title 33 / Chapter 33 / Section 1703
33 §1703. Common carriers may sell perishable goods which owner neglects or refuses to receive
Status: in_force

When a common carrier has transported property of a perishable nature, which cannot be kept without great deterioration or substantial destruction, to its place of destination and has notified the owner or consignee of the arrival of the same, and the owner or consignee, after such notice, has refused or omitted to receive and take away the same and pay the freight and proper charges thereon, the carrier, in the exercise of a reasonable discretion, may sell the same at public or private sale without advertising. The proceeds, after deducting the amount of the freight and charges and expenses of sale, shall be held for the persons entitled thereto. If the owner or consignee cannot be found on reasonable inquiry, the sale may be made without such notice. [PL 1987, c. 490, §1 (NEW).]
33 M.R.S. § 2112 — ME Code / Title 33 / Chapter 45 / Section 2112
33 §2112. Dormancy charge
Status: in_force

1. Deduct dormancy charge. A holder may deduct a dormancy charge from property required to be paid or delivered to the administrator if: A. A valid contract between the holder and the apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; and [PL 2019, c. 498, §22 (NEW).] B. The holder regularly imposes the charge and regularly does not reverse or otherwise cancel the charge. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Not unconscionable amount. The amount of the deduction under subsection 1 is limited to an amount that is not unconscionable considering all relevant factors, including the marginal transactional costs incurred by the holder in maintaining the apparent owner's property and any services received by the apparent owner. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2216 — ME Code / Title 33 / Chapter 45 / Section 2216
33 §2216. Indemnification for breach
Status: in_force

1. Indemnification of holder by State. If a claim is made or action commenced arising out of an event described in section 2215, subsection 1 relating to confidential information possessed by the administrator, this State shall indemnify, defend and hold harmless a holder and the holder's affiliates, officers, directors, employees and agents as to: A. Any claim or action; and [PL 2019, c. 498, §22 (NEW).] B. A liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge or other expense, including reasonable attorney's fees and costs, established by the claim or action. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Indemnification by administrator's agent. If a claim is made or action commenced arising out of an event described in section 2215, subsection 1 relating to confidential information possessed by an administrator's agent, the administrator's agent shall indemnify, defend and hold harmless a holder and the holder's affiliates, officers, directors, employees and agents as to: A. Any claim or action; and [PL 2019, c. 498, §22 (NEW).] B. A liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge or other expense, including reasonable attorney's fees and costs, established by the claim or action. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

3. Insurance for indemnification. The administrator shall require an administrator's agent that will receive confidential information required under this Act to maintain adequate insurance for indemnification obligations of the administrator's agent under subsection 2 . The administrator's agent required to maintain the insurance shall provide evidence of the insurance to: A. The administrator not less frequently than annually; and [PL 2019, c. 498, §22 (NEW).] B. The holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed by the administrator or the administrator's agent because the confidential information is no longer reasonably needed under this Act. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 459 — ME Code / Title 33 / Chapter 7 / Section 459
33 §459. Easements and rights-of-way; installation of docks
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dock" means a platform used for access to a water body or to secure, protect and provide access to a boat or ship. The platform may extend from a shore over the water body or may be a floating platform attached to a mooring. [PL 2017, c. 194, §1 (NEW).] B. "Easement or right-of-way" means the right of a person to pass over the land of another person. [PL 2017, c. 194, §1 (NEW).] C. "Water body" means all inland and coastal waters, including but not limited to all ponds, great ponds, lakes, rivers, streams and coastal waters. [PL 2017, c. 194, §1 (NEW).] [PL 2017, c. 194, §1 (NEW).]

2. Easements or rights-of-way established on or after January 1, 2018. The owner of an easement or right-of-way leading to or touching upon a water body does not have the right by implication to construct a dock on the easement or right-of-way or use the easement or right-of-way to facilitate the construction of a dock on the water body if: A. The easement or right-of-way is originally established in a written instrument executed on or after January 1, 2018; and [PL 2017, c. 194, §1 (NEW).] B. The instrument granting or reserving the easement or right-of-way does not expressly include the right to construct a dock on the easement or right-of-way or the right to use the easement or right-of-way to facilitate the construction of a dock on the water body. [PL 2017, c. 194, §1 (NEW).] [PL 2017, c. 194, §1 (NEW).]
33 M.R.S. § 1603-115 — ME Code / Title 33 / Chapter 31 / Section 1603-115
33 §1603-115. Assessments for common expenses
Status: in_force

(a) Until the association makes a common expense assessment, the declarant shall pay all the common expenses. After any assessment has been made by the association, assessments thereafter must be made at least annually, based on a budget adopted at least annually by the association. [PL 1981, c. 699 (NEW).]

(b) Except for assessments under subsections (c) and (d), common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to section 1602‑107 . Any past due common expense assessment or installment thereof shall bear interest at the rate established by the association not exceeding 18% per year. [PL 1981, c. 699 (NEW).]

(c) To the extent required by the declaration:

(1) Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned equally, or in any other proportion that the declaration provides; [PL 1981, c. 699 (NEW).]

(2) Any common expense benefiting fewer than all of the units shall be assessed exclusively against the units benefited; and [PL 1981, c. 699 (NEW).]

(3) Any payments, fees or charges for the use, rental or operation of any common element shall be applied first to reduce the common expense relating to such common element. Any excess thereof shall be applied to common expenses generally. [PL 1981, c. 699 (NEW).]

(d) Assessments to pay a judgment against the association, section 1603‑117 , subsection (a), shall be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liability. [PL 1981, c. 699 (NEW).]

(e) If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against his unit. [PL 1981, c. 699 (NEW).]

(f) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 469-A — ME Code / Title 33 / Chapter 7 / Section 469-A
33 §469-A. Title to proposed, unaccepted ways
Status: reserved

1. Reservation of title. Any conveyance made before September 29, 1987 that conveyed land abutting upon a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds is deemed to have conveyed all of the grantor's interest in the portion of the way that abuts the land conveyed, unless the grantor expressly reserved the grantor's title to the way by a specific reference to this reservation in the conveyance of the land. [PL 2011, c. 312, §1 (AMD).]

2. Intent to reserve. Any grantor who, before September 29, 1987, conveyed land abutting a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds with the intent to reserve title to the way, but who did not expressly reserve title to the way as required in subsection 1 , or any person who claims title to the way by, through or under the grantor, may preserve the grantor's claim by recording the notice set forth in subsection 3 , in the registry of deeds where the pertinent subdivision plan is recorded, within 2 years after September 29, 1987. [PL 2011, c. 312, §1 (AMD).]

3. Notice. The notice required under subsection 2 shall contain: A. An intelligible description of the way or portion of a way in which title is being claimed; [PL 1987, c. 385, §4 (NEW).] B. The name and address of the person on whose behalf the title is being claimed; [PL 1987, c. 385, §4 (NEW).] C. A description, including specific reference, by date of recording and the volume and page numbers, to that conveyance, of the recorded instrument in which the person claims title to the way or portion of the way which was intended to be reserved; and [PL 1987, c. 385, §4 (NEW).] D. A duly verified oath taken by the person claiming title before a person authorized to administer oaths. [PL 1987, c. 385, §4 (NEW).] [PL 1987, c. 385, §4 (NEW).]

4. Register's duties. The register of deeds shall enter upon the margin of the recorded conveyance, described in the notice under subsection 3, paragraph C , the volume and page numbers where the notice is recorded. The register of deeds may charge the same fee for recording the notice that is charged for recording deeds. [PL 1987, c. 385, §4 (NEW).]

5. Who may present notice for recording. The notice required under subsection 2 may be presented for recording by the person claiming title or a person acting on his behalf. Disability or lack of knowledge by the person claiming title shall not extend the time limitations related to the recording of the notice. [PL 1987, c. 385, §4 (NEW).]

6. Lack of reservation. Any person owning land in this State abutting a proposed, unaccepted way or portion of a proposed, unaccepted way, whose predecessors in title had not reserved title in the way under subsection 1 or 2 , is deemed to own to the center line of the way or portion of the way, except for a proposed, unaccepted way under subsection 6‑A . [PL 2011, c. 312, §2 (AMD).]

6-A. Bounded by other property. A person owning land in a subdivision abutting a proposed, unaccepted way or portion of a proposed, unaccepted way owns the entire width of the portion of the way that abuts the person's land if: A. The proposed, unaccepted way or portion of the proposed, unaccepted way is part of the subdivision and is laid out on the subdivision plan recorded in the registry of deeds; [PL 2011, c. 312, §3 (NEW).] B. The person's predecessors in title had not reserved title in the proposed, unaccepted way or portion of the proposed, unaccepted way under subsection 1 or 2 ; and [PL 2011, c. 312, §3 (NEW).] C. The proposed, unaccepted way or portion of the proposed, unaccepted way is bounded on the opposite side by land that is not included in the subdivision. [PL 2011, c. 312, §3 (NEW).] If the land on the opposite side of a proposed, unaccepted way or a portion of a proposed, unaccepted way under this subsection extends beyond the person's land, then the person owns the entire width of that portion of the extension of the proposed, unaccepted way that is not bounded by another owner's land on the person's side of the way. [PL 2011, c. 312, §3 (NEW).]

7. Action to establish title. In any action concerning title to a proposed, unaccepted way, the burden of proof concerning the grantor's intent to reserve title shall be on the grantor or those claiming title by, through or under the grantor. [PL 1987, c. 385, §4 (NEW).]

8. Construction of laws. Nothing contained in this section may be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations. This section shall be liberally construed to affect the legislative purpose of clarifying the title to land underlying proposed, unaccepted ways by eliminating the possibility of ancient claims. [PL 1987, c. 385, §4 (NEW).]
33 M.R.S. § 1212 — ME Code / Title 33 / Chapter 25 / Section 1212
33 §1212. List
Status: in_force

Municipal officers shall submit a list of islands within their jurisdiction that are being taxed by the municipality to the Coastal Island Registry on or before December 31, 1973, together with the names and addresses of all record owners of islands with 3 or less residential structures thereon. [PL 1973, c. 616, §1 (NEW).]
33 M.R.S. § 775 — ME Code / Title 33 / Chapter 12 / Section 775
33 §775. Appendix
Status: in_force

Statutory short forms of instruments relating to real estate are as follows: [PL 1967, c. 377 (NEW).]

Forms: [PL 1967, c. 377 (NEW).]

1. Warranty Deed [PL 1967, c. 377 (NEW).]

2. Quitclaim Deed with Covenant [PL 1967, c. 377 (NEW).]

3. Deed of Executor, Administrator, Trustee, Guardian, Conservator, Receiver or Commissioner [PL 1967, c. 377 (NEW).]

3-A. Deed of Distribution by Personal Representative (Intestate) [PL 1981, c. 367, §3 (NEW).]

3-B. Deed of Distribution by Personal Representative (Testate) [PL 1981, c. 367, §3 (NEW).]

3-C. Deed of Sale by Personal Representative (Intestate) [PL 1981, c. 367, §3 (NEW).]

3-D. Deed of Sale by Personal Representative (Testate) [PL 1981, c. 367, §3 (NEW).]

4. Quitclaim Deed Without Covenant or Release Deed [PL 1967, c. 377 (NEW).]

5. Mortgage Deed [PL 1967, c. 377 (NEW).]

6. Partial Release of Mortgage [PL 1967, c. 377 (NEW).]

7. Assignment of Mortgage [PL 1967, c. 377 (NEW).]

8. Discharge of Mortgage [PL 1967, c. 377 (NEW).]

9. Deed from Individual to Himself and Another as Joint Tenants [PL 1967, c. 377 (NEW).]

10. Deed from Multiple Grantors to Joint Tenants [PL 1975, c. 623, §51-E (AMD).]

11. Municipal Quitclaim Deed [PL 1967, c. 377 (NEW).]

Forms of Acknowledgments:

1 Warranty Deed A.B. of .........., .......... County, .........., (being unmarried), for consideration paid, grant to C.D. of .........., .......... County, .........., with Warranty Covenants, .......... the land in .........., .......... County, Maine. (description and encumbrances, if any) E.F., spouse of the grantor, releases all rights in the premises being conveyed. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §4 (AMD).]

2 Quitclaim Deed With Covenant A.B. of .........., .......... County, .........., (being unmarried) for consideration paid, grant to C.D. of .........., .......... County, .........., with quitclaim covenant the land in .........., .......... County, .......... (description and encumbrances, if any) E.F., spouse of the grantor, releases all rights in the premises being conveyed. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §5 (AMD).]

3 Deed of Personal Representative, Trustee, Conservator, Receiver, Commissioner, Executor, Administrator, Guardian or Other Specified Authorized Representative. A.B., personal representative of the estate of C.D., ("trustee of", "conservator of", "receiver of the estate of", "commissioner", "executor of the will of", "administrator of the estate of", "guardian of", or "other specified authorized representative of") by the power conferred by law, and every other power, for .... dollars paid, grant to E.F. of .... County, ...., the land in ...., .... County, ..... (description) (with appropriate release of spouse) Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §6 (RPR).]

3-A Deed of Distribution by Personal Representative (Intestate) A.B., of ...., .... County, ...., duly appointed and acting personal representative of the estate of C.D., deceased, as shown by the probate records of .... County, Maine, by the powers conferred by law, and every other power, (in distribution of the estate) grants to E.F. of ...., .... County, ...., whose mailing address is ...., being the person(s) entitled to distribution, the real property in ...., .... County, Maine, described as follows: (description) Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §7 (NEW).]

3-B Deed of Distribution by Personal Representative (Testate) A.B., of ...., .... County, ...., duly appointed and acting personal representative of the estate of C.D., deceased, whose will was duly admitted to probate in the Probate Court for .... County, Maine, by the power conferred by law, and every other power, (in distribution of the estate) grants to E.F. of ...., .... County, ...., whose mailing address is ...., being the person(s) entitled to distribution, the real property in ...., .... County, Maine, described as follows: (description) Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §7 (NEW).]

3-C Deed of Sale by Personal Representative (Intestate) A.B., of ...., .... County, ...., duly appointed and acting personal representative of the estate of C.D., deceased (intestate), as shown by the probate records of .... County, Maine, and having given notice to each person succeeding to an interest in the real property described below at least ten (10) days prior to the sale, by the power conferred by the Probate Code, and every other power, for consideration paid grants to E.F. of ...., .... County, ...., whose mailing address is ...., the real property in ...., .... County, Maine, described as follows: (description) Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §7 (NEW).]

3-D Deed of Sale by Personal Representative (Testate) A.B., of ...., .... County, ...., duly appointed and acting personal representative of the estate of C.D., deceased (testate), as shown by the probate records of .... County, Maine, (and having given notice to each person succeeding to an interest in the real property described below at least ten (10) days prior to the sale) (and not having given notice to each person succeeding to an interest in the real property described below at least ten (10) days prior to the sale, such notice not being required under the terms of the decedent's will), by the power conferred by the Probate Code, and every other power, for consideration paid grants to E.F. of ...., .... County, ...., whose mailing address is ...., the real property in ...., .... County, Maine, described as follows: (description) Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §7 (NEW).]

4 Quitclaim Deed Without Covenant or Release Deed A.B. of .........., .......... County, .........., (being unmarried) for consideration paid, release to C.D. of ...., .......... County, .........., the land in ...., .......... County, ........... (description) E.F., spouse of the grantor, releases all rights in the premises being conveyed. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §8 (AMD).]

5 Mortgage Deed A.B. of .........., .......... County, .........., (being unmarried) for consideration paid, grant to C.D. of .........., .......... County, .........., with mortgage covenants, to secure the payment of .......... dollars in .......... years .......... with .......... per cent interest per annum, payable in .......... installments, as provided in .......... note of even date, the land in .........., .......... County, ........... (description and encumbrances, if any) This mortgage is upon the statutory condition, for any breach of which the mortgagee shall have the remedies provided by law. E.F., spouse of the grantor, releases all rights in the premises being conveyed. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §9 (AMD).]

6 Partial Release of Mortgage C.D., the holder of a mortgage by A.B. to C.D., dated .........., recorded .......... in the .......... County Registry of Deeds, Book ...., Page ...., for consideration paid, release to A.B., all interest acquired under said mortgage in the following described portion of the mortgaged premises: (description) Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1969, c. 344, §3 (AMD).]

7 Assignment of Mortgage C.D., holder of a mortgage from A.B. to C.D., dated .........., recorded .......... in the .......... County Registry of Deeds, Book ...., Page ...., assign said mortgage and the note and claim secured thereby to E.F. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1969, c. 344, §3 (AMD).]

8 Discharge of Mortgage C.D., holder of a mortgage from A.B. to C.D., dated .........., recorded ........... in the .......... County Registry of Deeds, Book ...., Page ...., acknowledge satisfaction of the same. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1969, c. 344, §3 (AMD).]

9 Deed from Individual to Himself and Another as Joint Tenants A.B. of .........., .......... County, .........., (being unmarried) for consideration paid, grant to said A.B. and C.D. of .........., .......... County, .........., with warranty covenants (or "quitclaim covenant") as joint tenants, the land in .........., .......... County, ........... (description and encumbrances, if any) E.F., spouse of the grantor, releases all rights in the premises being conveyed. Witness .... hand and seal this .... day of .... (here add acknowledgment) [PL 1981, c. 367, §10 (AMD).]

10 Deed from Multiple Grantors to Joint Tenants A.B. and C.D. (and E.F.), of .........., .......... County, .........., for consideration paid, grant to W.X. of .........., .......... County, ........... and Y.Z. of .........., .......... County, .........., with warranty covenants (or with "quitclaim covenant") as joint tenants, the land in ...., .... County .......... (description and encumbrances, if any) A.B. and C.D., husband and wife, (and E.F., and M.N., spouse of E.F.) (both) release all rights in the premises being conveyed (or I.J., spouse of A.B. and K.L., spouse of C.D., both release all rights in the premises being conveyed). Witness our hands and seals this .... day of .......... (here add acknowledgment) [PL 1981, c. 367, §11 (AMD).]

11 Municipal Quitclaim Deed The Inhabitants of the Municipality of .........., a body corporate, located at .........., .......... County, .........., for consideration paid, release to .......... of .........., .......... County, .........., the land in .........., .......... County, ........... (description and encumbrances, if any) The said Inhabitants of the municipality of .......... have caused this instrument to be signed in its corporate name by .........., its .........., duly authorized, this .... day of ..... (here add acknowledgment) [PL 1967, c. 377 (NEW).]

12 Acknowledgment of Individual Acting in His Own Right State of ............ County of .........., ss (Date) Then personally appeared the above named A. (and B.) and (severally) acknowledged the foregoing instrument to be his (or their) free act and deed. Before me, ................................... Notary Public [PL 1987, c. 736, §52 (AMD).]

13 Acknowledgment of an Attorney State of ........... County of .........., ss (Date) Then the above named ..........., who signed the foregoing instrument as the attorney of the above named (grantor), personally appeared and acknowledged the same to be his free act and deed. Before me, ................................... Notary Public [PL 1987, c. 736, §52 (AMD).]

14 Acknowledgment of an Officer of a Corporation State of ........... County of .........., ss (Date) Then personally appeared the above named (name of the officer who signed the deed, with his title), and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said corporation. Before me, ................................... Notary Public [PL 1987, c. 736, §52 (AMD).]

15 Acknowledgment of an Executor, Administrator, Trustee, Guardian, Conservator, Receiver or Commissioner State of ........... County of .........., ss (Date) Then personally appeared the above named A. (and B.) in his (their) said capacity and (severally) acknowledged the foregoing instrument to be his (their) free act and deed. Before me, ................................... Notary Public [PL 1987, c. 736, §52 (AMD).]
33 M.R.S. § 2184 — ME Code / Title 33 / Chapter 45 / Section 2184
33 §2184. Judicial remedy
Status: in_force

1. Action by putative holder. Not later than 90 days after receiving notice of the administrator's determination under section 2170 , the putative holder may: A. File an action against the administrator in the Superior Court of Kennebec County challenging the administrator's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or [PL 2019, c. 498, §22 (NEW).] B. Pay the amount or deliver the property determined by the administrator to be paid or delivered to the administrator and, not later than 6 months after payment or delivery, file an action against the administrator in the Superior Court of Kennebec County for a refund of all or part of the amount paid or return of all or part of the property delivered. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Continue action. If a putative holder pays or delivers property that the administrator determined must be paid or delivered to the administrator at any time after the putative holder files an action under subsection 1, paragraph A , the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subsection 1, paragraph B . [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 772-A — ME Code / Title 33 / Chapter 12 / Section 772-A
33 §772-A. Effect of release
Status: in_force

1. Testimonium clause. A deed or other instrument executed after the effective date of this subsection that includes the following language: "[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights" or similar language within the testimonium clause conveys any and all interests of the joining spouse to the property described in the deed or other instrument. This subsection applies to a deed or other instrument even if the joining spouse is not set forth in the beginning of the deed as a grantor to the conveyance. This subsection does not apply to a deed dated before the effective date of this subsection that contains language in the testimonium clause as described in this subsection until November 1, 2000, at which time this subsection applies unless notice of a claim of right, title or interest is recorded in the registry of deeds for the county in which the land is located and an action is commenced on or before November 1, 2000 in any court with jurisdiction to adjudicate this action. [PL 1999, c. 343, §1 (NEW).]

2. Filing of notice. In order for the notice specified in subsection 1 to be effective, it must contain an adequate description of the property in which the right, title or interest is claimed; a reference to the deed or other instrument on which the claim is based; the name of the current record owner of the property; and must be duly verified by oath taken by any person authorized to perform notarial acts. The register of deeds for the county in which the land is located shall accept all such notices presented that describe property located in the county and shall enter and record them in the same manner that deeds and other instruments are recorded and may charge the same fee for the recording of these notices as is charged for recording deeds. In indexing the notice, the register of deeds shall enter it in the grantee index of deeds under the name of the claimant appearing in the notice and in the grantor index of deeds under the name of the record owner appearing in the notice. Within a reasonable time after recording the notice, the register of deeds shall enter upon the margin of the record of the deed or other instrument on which the claim is based the volume and page in which the record of the notice may be found. The person filing the notice shall deliver or mail a copy of the notice to the current record owner of the property at the last known address of that owner. [PL 1999, c. 343, §1 (NEW).]

3. Persons under disability; time limits not extended. Disability or lack of knowledge of any kind does not extend the time limits provided in this section. [PL 1999, c. 343, §1 (NEW).]
33 M.R.S. § 1602-118 — ME Code / Title 33 / Chapter 31 / Section 1602-118
33 §1602-118. Termination of condominium
Status: in_force

(a) Except in the case of taking of all the units by eminent domain, section 1601‑107 , a condominium may be terminated only by agreement of unit owners of units to which at least 80% of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses. [PL 1981, c. 699 (NEW).]

(b) Such an agreement to terminate must be evidenced by the execution of a termination agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The termination agreement must specify a date after which the agreement will be void unless recorded before that date. A termination agreement and all ratifications thereof must be recorded and is effective only upon recordation. [PL 1981, c. 699 (NEW).]

(c) In the case of a condominium containing only units having horizontal boundaries between units, a termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real estate in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale. [PL 1981, c. 699 (NEW).]

(d) In the case of a condominium containing any units not having horizontal boundaries between units, a termination agreement may provide for sale of the common elements, but may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or unless all the unit owners consent to the sale. [PL 1981, c. 699 (NEW).]

(e) The association, on behalf of the unit owners, may contract for the sale of real estate in the condominium following termination, but the contract is not binding on the unit owners until approved pursuant to subsections (a) and (b). If any real estate in the condominium is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners and lien holders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection (h). Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his unit. During the period of that occupancy, each unit owner and his successors in interest remain liable for all assessments and other obligations imposed on unit owners by this Act or the declaration. [PL 1981, c. 699 (NEW).]

(f) If the real estate constituting the condominium is not to be sold following termination, title to the common elements and, in a condominium containing only units having horizontal boundaries between units, title to all the real estate in the condominium, vests in the unit owners upon termination as tenants in common in proportion to their respective interests as provided in subsection (h), and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his unit. [PL 1981, c. 699 (NEW).]

(g) Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear. Following termination, creditors of the association holding liens on the units, which were recorded prior to termination, may enforce those liens in the same manner as any lien holder. All other creditors of the association shall be treated as if they had perfected liens on the unit immediately prior to the termination. [PL 1981, c. 699 (NEW).]

(h) The respective interests of unit owners referred to in subsections (c), (d) and (e) are as follows:

(1) Except as provided in paragraph (2), the respective interests of unit owners are the fair market values of their units, limited common elements and common element interests immediately before the termination, as determined by one or more independent appraisers selected by the association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within 30 days after distribution by unit owners of units to which 25% of the votes in the association are allocated. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and common element interest by the total fair market values of all the units and common elements. [PL 1981, c. 699 (NEW).]

(2) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereof prior to destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination. [PL 1981, c. 699 (NEW).]

(i) Except as provided in subsection (j), foreclosure or enforcement of a lien or encumbrance against the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium, other than withdrawable real estate, does not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title thereto has the right to require from the association, upon request, an amendment excluding the real estate from the condominium. [PL 1981, c. 699 (NEW).]

(j) If a lien or encumbrance against a portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance may, upon foreclosure, record an instrument excluding the real estate subject to that lien or encumbrance from the condominium. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 111 — ME Code / Title 33 / Chapter 5-A / Section 111
33 §111. Statutory rule against perpetuities
Status: in_force

1. Validity of nonvested property interest. A nonvested property interest is invalid unless: A. When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The interest either vests or terminates within 90 years after its creation. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Validity of general power of appointment subject to a condition precedent. A general power of appointment not presently exercisable because of a condition precedent is invalid unless: A. When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than 21 years after the death of an individual then alive; or [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Validity of nongeneral or testamentary power of appointment. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: A. When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The power is irrevocably exercised or otherwise terminates within 90 years after its creation. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Possibility of post-death child disregarded. In determining whether a nonvested property interest or a power of appointment is valid under subsection 1, paragraph A ; subsection 2, paragraph A ; or subsection 3, paragraph A , the possibility that a child will be born to an individual after the individual's death is disregarded. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Effect of certain "later of"-type language. Language contained in a governing instrument that measures a period from the creation of a trust or other property arrangement is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives in being if the language seeks: A. To disallow the vesting or termination of any interest or trust beyond the later of: (1) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; and (2) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. To postpone the vesting or termination of any interest or trust until the later of: (1) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; and (2) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. To operate in effect in any fashion similar to that described in paragraph A or B upon the later of: (1) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; and (2) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
33 M.R.S. § 1604-112 — ME Code / Title 33 / Chapter 31 / Section 1604-112
33 §1604-112. Express warranties of quality
Status: in_force

(a) Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are only created as follows:

(1) Any written affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, area improvements to the condominiums that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise; [PL 1981, c. 699 (NEW).]

(2) Any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will substantially conform to the model or description; [PL 1981, c. 699 (NEW).]

(3) Any written description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and [PL 1981, c. 699 (NEW).]

(4) A provision that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful. [PL 1981, c. 699 (NEW).]

(b) Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty. [PL 1981, c. 699 (NEW).]

(c) Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 468 — ME Code / Title 33 / Chapter 7 / Section 468
33 §468. Statutes of limitation not extended
Status: in_force

Nothing contained in this subchapter shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations. [PL 1973, c. 505 (NEW).]
33 M.R.S. § 153 — ME Code / Title 33 / Chapter 7 / Section 153
33 §153. Sale or mortgage of estates subject to contingent remainders
Status: in_force

1. Sale or mortgage. When real estate is subject to a contingent remainder, executory devise or power of appointment, the Superior Court, the District Court or the Probate Court for the county or district in which the real estate is situated may, upon the petition of any person who has an estate in possession in the real estate and after notice and other proceedings as required, appoint one or more trustees and authorize the trustee or trustees: A. To sell and convey the estate or any part of the estate in fee simple, if such a sale and conveyance appears to the court to be necessary or expedient; or [PL 1999, c. 547, Pt. A, §4 (NEW).] B. To mortgage the estate, either with or without power of sale, for such an amount, on such terms and for such purposes as may seem to the court judicious or expedient. [PL 1999, c. 547, Pt. A, §4 (NEW).] The conveyance or mortgage is valid and binding upon all parties. [PL 1999, c. 547, Pt. A, §4 (NEW).]

2. Petition. The petition must set forth the nature of the petitioner's title to the real estate, the source from which the title was derived, the names and addresses of all persons known to be interested in the real estate and any other facts necessary for a full understanding of the matter. [PL 1999, c. 547, Pt. A, §4 (NEW).]
33 M.R.S. § 173-A — ME Code / Title 33 / Chapter 7 / Section 173-A
33 §173-A. Information provided
Status: in_force

Beginning January 1, 2004, unless the transaction is exempt under section 172 , the seller of residential real property shall provide to the purchaser information developed by the Director of the Bureau of Health within the Department of Health and Human Services regarding what homeowners should know about arsenic in private water supplies and arsenic in treated wood. Copies of this information must be provided to sellers at cost. [PL 2003, c. 457, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
33 M.R.S. § 143 — ME Code / Title 33 / Chapter 6-B / Section 143
33 §143. Judicial actions
Status: in_force

1. Fee owners; qualified holders. An action affecting an option to purchase at agricultural value may be brought or intervened in by: A. A fee owner of an interest in the real property burdened by the option to purchase at agricultural value; [PL 2025, c. 471, Pt. B, §1 (NEW).] B. A qualified holder of the benefit of the option to purchase at agricultural value; [PL 2025, c. 471, Pt. B, §1 (NEW).] C. The municipality in which the real property burdened by the option to purchase at agricultural value is located; or [PL 2025, c. 471, Pt. B, §1 (NEW).] D. The Attorney General. [PL 2025, c. 471, Pt. B, §1 (NEW).] [PL 2025, c. 471, Pt. B, §1 (NEW).]

2. Power of court. The court has the following powers. A. The court may enforce an option to purchase at agricultural value by injunction or other proceeding at law or in equity. [PL 2025, c. 471, Pt. B, §1 (NEW).] B. Acting in accordance with charitable trust principles, the court may modify, terminate or deny equitable enforcement of an option to purchase at agricultural value in an action brought by a party under subsection 1 . In taking such an action, the court must find that, due to a change in circumstance, the option to purchase at agricultural value no longer serves the public interest in protecting or enhancing the protection of working farmland or related businesses of the State. The Attorney General must be made a party to any action under this paragraph, and written notice must be provided to the Commissioner of Agriculture, Conservation and Forestry. [PL 2025, c. 471, Pt. B, §1 (NEW).] C. If the court modifies, terminates or denies equitable enforcement of an option to purchase at agricultural value, the court may order payment by the fee owner of money or other damages to the holder or the State. The holder or the State shall apply the same in a manner consistent with the purposes of this law as approved by the court. [PL 2025, c. 471, Pt. B, §1 (NEW).] [PL 2025, c. 471, Pt. B, §1 (NEW).]

The fact that a working farmland property might be used for more valuable economic purposes may not be considered when determining whether an option to purchase at agricultural value is no longer in the public interest. [PL 2025, c. 471, Pt. B, §1 (NEW).]
33 M.R.S. § 1211 — ME Code / Title 33 / Chapter 25 / Section 1211
33 §1211. Requirement for notice
Status: in_force

1. Publication. The Secretary of State shall publish a notice setting forth the requirements of this chapter in a newspaper of general circulation in the State once a week for 3 consecutive weeks in December, 1973 and once a week for 3 consecutive weeks in July, 1974. [PL 1973, c. 616, §1 (NEW).]

2. Posting. A copy of this notice shall be posted in the registry of deeds of each coastal county in which islands are located. A list of all islands subject to this chapter shall be recorded in the registry of deeds for the county in which the islands are located. [PL 1973, c. 616, §1 (NEW).]

3. Other publication. A copy of this notice and a list of all islands within each coastal county in which the islands are located shall be published in a newspaper whose principal office is located in the county in which the islands are located once a week for 3 consecutive weeks in December, 1973 and once a week for 3 consecutive weeks in July, 1974. If there is no newspaper whose principal office is located in the county, the list shall be published in a newspaper of state-wide circulation. [PL 1973, c. 616, §1 (NEW).]

4. Notice in tax bills. Municipal officers in municipalities with islands on their tax rolls shall insert a copy of this notice in tax bills for the calendar year 1974. [PL 1973, c. 616, §1 (NEW).]
33 M.R.S. § 2119 — ME Code / Title 33 / Chapter 45 / Section 2119
33 §2119. Disposition of property having no substantial value; immunity from liability
Status: in_force

1. Return to holder. If the administrator takes custody of property delivered under this Act and later determines that the property has no substantial commercial value or that the cost of disposing of the property will exceed the value of the property, the administrator may return the property to the holder or destroy or otherwise dispose of the property. [PL 2019, c. 498, §22 (NEW).]

2. Immunity from liability. An action or proceeding may not be commenced against the State, an agency of the State, the administrator, another officer, employee or agent of the State or a holder for or because of an act of the administrator under this section, except for intentional misconduct or malfeasance. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2223 — ME Code / Title 33 / Chapter 45 / Section 2223
33 §2223. Effective date
Status: in_force

This Act takes effect October 1, 2019. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 201-A — ME Code / Title 33 / Chapter 7 / Section 201-A
33 §201-A. Conditions of actual notice
Status: in_force

An exception, reservation, or recital in a conveyance, mortgage, devise or other transfer of real property or of any interest therein, shall not constitute actual notice within the meaning of section 201 of any other conveyance, mortgage, devise or other transfer of real property or of any interest therein unless it contains the following: [PL 1977, c. 504 (NEW).]

1. Reference to the volume and page of the registry or probate court record. A reference to the volume and page of the registry or probate court record of the deed or other instrument evidencing such other conveyance, mortgage, devise or other transfer, which record can be found at the time of the recording of the deed or other instrument containing the exception, reservation or recital; or [PL 1977, c. 504 (NEW).]

2. Adequate description. An adequate description by metes and bounds or by reference to the volume and page of the record of a survey plan of the property affected by the exception, reservation or recital, in which case the actual notice shall extend only to the property so described. Any such exception, reservation or recital lacking such reference or adequate description shall not except, reserve or otherwise affect real property or any interest therein; provided that this section shall not prevent any such exception, reservation or recital from constituting a waiver, limitation or negation of a warranty of title in the document in which the exception, reservation or recital occurs, or from being taken into account in determining the existence of a contractual obligation or condition between the immediate parties to the document in which the exception, reservation or recital occurs. [PL 1977, c. 504 (NEW).]
33 M.R.S. § 1451 — ME Code / Title 33 / Chapter 28-B / Section 1451
33 §1451. Protection of low-impact landscaping
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Condominium" has the same meaning as in section 1601‑103, subsection (7) . [PL 2023, c. 376, §1 (NEW).] B. "Low-impact landscaping" means landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention and create habitat for wildlife. "Low-impact landscaping" includes gardens and other features designed to attract wildlife generally and pollinator species more specifically; rain gardens and other features that use natural biological principles to return rainwater to the soil and to filter rainwater of excess nutrients; and other forms of landscaping or gardening that reduce or eliminate the need for supplemental water from irrigation. [PL 2023, c. 376, §1 (NEW).] C. "Real estate subject to common ownership" means residential real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions and that common ownership is in the form of undivided interests in that common portion. [PL 2023, c. 376, §1 (NEW).] D. "Restriction" includes any covenant, restriction or condition contained in a deed, declaration, contract, bylaw, rule or other instrument governing activities on real estate within a condominium or real estate subject to common ownership. [PL 2023, c. 376, §1 (NEW).] E. "Unreasonable limitation" includes a limitation that significantly increases the cost of low-impact landscaping, significantly decreases the efficiency of low-impact landscaping or requires cultivated vegetation to consist in whole or in part of turf grass. [PL 2023, c. 376, §1 (NEW).] [PL 2023, c. 376, §1 (NEW).]

2. Prohibition. A restriction may not put an unreasonable limitation on low-impact landscaping on any portion of a condominium or real estate subject to common ownership that is not subject to common ownership and that the owner has the right to exclusive use of as long as the owner maintains and regularly tends to the low-impact landscaping. [PL 2023, c. 376, §1 (NEW).]

3. Construction; application. This section may not be construed to prohibit a restriction relating to reasonable design and aesthetic guidelines regarding the type, number and location of low-impact landscaping features. This section does not apply to a restriction on historic property that is listed in or determined by the Maine Historic Preservation Commission to be eligible for inclusion in the National Register of Historic Places. [PL 2023, c. 376, §1 (NEW).]
33 M.R.S. § 1581 — ME Code / Title 33 / Chapter 30 / Section 1581
33 §1581. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 371, §1 (NEW).]

1. Holder. "Holder" means: A. A governmental body authorized to hold an interest in real property under the laws of this State or the United States, including a quasi-governmental entity such as a conservation commission, a regional planning commission or a water or sewer district; or [PL 1999, c. 371, §1 (NEW).] B. A nonprofit corporation including a land trust, the purposes or powers of which include the creation and maintenance of trails for use by the general public, for the conservation or preservation of open space, or both. [PL 1999, c. 371, §1 (NEW).] [PL 1999, c. 371, §1 (NEW).]

2. Trail easement. "Trail easement" means a nonpossessory interest of a holder in real property for the purposes of creating and maintaining a trail for use by the general public: A. For pedestrian use; [PL 1999, c. 371, §1 (NEW).] B. For snowmobile use, if the instrument creating the easement provides for snowmobile use; [PL 1999, c. 371, §1 (NEW).] C. For use by all-terrain vehicles as defined in Title 12, section 13001 if the instrument creating the easement provides for the use of all-terrain vehicles; or [PL 2003, c. 414, Pt. B, §48 (AMD); PL 2003, c. 614, §9 (AFF).] D. For any combination of the uses described in paragraphs A to C , as specified in the instrument creating the easement. [PL 1999, c. 371, §1 (NEW).] [PL 2003, c. 414, Pt. B, §48 (AMD); PL 2003, c. 614, §9 (AFF).]
33 M.R.S. § 505 — ME Code / Title 33 / Chapter 9 / Section 505
33 §505. Open-end mortgages
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Contingent obligations" means obligations that become fixed or certain at some time after the recording of a mortgage securing those obligations, such as obligations under a guarantee. Contingent obligations have priority from the date of recording of the mortgage, in the full amount of the contingent obligation identified in the mortgage, if the maximum amount of the contingent obligation secured by the mortgage is stated in the mortgage. [PL 1993, c. 229, §3 (NEW).] B. "Future advances" means debts or obligations secured by a mortgage that arise subsequent to the execution and recording of the mortgage; except that the term does not include protective advances or contingent obligations. The term "future advances" includes only those advances made to or for the account of debtors designated in the mortgage. Future advances have priority as provided in this section. [PL 1993, c. 229, §3 (NEW).] C. "Protective advances" means advances made by a mortgagee that are necessary to protect the mortgagee's security interest, to collect amounts due to the mortgagee or represent interest earned on an obligation secured by the mortgage. Protective advances have priority from the date of recording of a mortgage. [PL 1993, c. 229, §3 (NEW).] [PL 1993, c. 229, §3 (NEW).]

2. Authorization. An interest in real property that may be conveyed as security for a debt or other obligation may be mortgaged to secure future advances up to a total amount outstanding from time to time as stated in the mortgage instrument. Future advances secured by such a mortgage instrument have priority over persons who, subsequent to the recording of the mortgage, acquire any rights in or liens upon the mortgaged real estate, in accordance with subsection 5 , only if the mortgage instrument states that it secures future advances and specifies the total amount of debts or obligations, including future advances, that it may secure from time to time. [PL 1993, c. 229, §3 (NEW).]

3. Applicability limited. This section may not be construed to affect or otherwise change existing law that allows mortgages to secure existing debts or obligations, debts or obligations created simultaneously with the execution of the mortgage, contingent obligations, protective advances, accrued interest and other debts or obligations that may be secured by a mortgage under existing law, but if such a mortgage states no or nominal consideration and does not expressly provide for future advances, the mortgage does not afford security for any advances made subsequent to the execution of the mortgage, other than protective advances. [PL 1993, c. 229, §3 (NEW).]

4. Validity; requirements. A mortgage securing future advances remains valid and retains its priority even if no funds have been advanced or all future advances have been repaid as long as an agreement regarding future advances remains in effect. Upon termination of the agreement regarding future advances and repayment of all amounts secured by the mortgage, the mortgage must be discharged. [PL 1993, c. 229, §3 (NEW).]

5. Priority. Future advances secured by a mortgage have priority over the rights of all persons who, subsequent to the recording of such a mortgage, acquire any rights in or liens upon the mortgaged real estate to the extent that the aggregate amount of all debts or obligations secured at any one time, including future advances but excluding protective advances, does not exceed the total amount stated in the mortgage, subject to the following. A. The mortgagor or a successor in interest may file in the same recording office in which the original mortgage is filed and send to the mortgagee by registered mail, return receipt requested, a written notice limiting the amount of future advances, other than advances made pursuant to a commitment as defined in Title 11, section 9‑1102, subsection (68) , secured by that mortgage to not less than the amount actually advanced as of the end of the 3rd business day following the delivery of the notice. [PL 1999, c. 699, Pt. D, §21 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).] B. A person who, subsequent to the recording of such a mortgage, acquires any rights in or liens upon the mortgaged real estate and has perfected those rights by all required filings or recordings may send to the mortgagee by registered mail, return receipt requested, a written notice stating that future advances made by the mortgagee after the end of the 3rd business day following receipt of the notice are junior to that person's rights in or liens upon the mortgaged real estate, except that the written notice does not affect the priority of advances made pursuant to a real property construction or improvement financing agreement as defined in the United States Internal Revenue Code of 1986, Section 6323(c) and any amendments as of December 31, 1991. [PL 1993, c. 229, §3 (NEW).] For purposes of this subsection, an advance made pursuant to a credit card or a negotiable instrument drawn against a credit account secured by a mortgage is deemed to have been made on the earlier of the date on the negotiable instrument or credit card voucher and the date the debtor received value in exchange for the negotiable instrument or credit card voucher. [PL 1999, c. 699, Pt. D, §21 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]

6. Amount of future advances in excess of mortgage amount. Until repaid, the amount by which a future advance causes the aggregate amount of all debts or obligations secured at any one time, exclusive of protective advances, to exceed the total amount stated in the mortgage does not have priority over persons who, subsequent to the recording of the mortgage, acquire any rights in or liens upon the mortgaged real estate. The mortgagee may credit repayments first to amounts exceeding the total amount of secured debts or obligations stated in the mortgage. [PL 1993, c. 229, §3 (NEW).]

7. Application. This section applies to mortgages that are recorded on or after January 1, 1994. [PL 1993, c. 229, §3 (NEW).]
33 M.R.S. § 467 — ME Code / Title 33 / Chapter 7 / Section 467
33 §467. -- public easement acquired over opposite sides of road or way in unequal proportion
Status: in_force

Where a town or private way, county road or highway shall be, or shall have been, laid out, widened or altered in such a manner that the public easement is located over land taken from the land on opposite sides of such road or way in unequal proportions, then the persons owning the land abutting the road or way on opposite sides thereof, shall each be deemed to own that portion of such road or way which shall have been acquired from their respective sides of such road or way. If it cannot be determined from which side of the road or way the land was so acquired, the owners of the abutting land on opposite sides of such road or way shall each be deemed to own to the centerline thereof. [PL 1973, c. 505 (NEW).]
33 M.R.S. § 1422 — ME Code / Title 33 / Chapter 28-A / Section 1422
33 §1422. Policy
Status: in_force

It is the policy of the State to promote the use of solar energy and to avoid unnecessary obstacles to the use of solar energy devices. [PL 2009, c. 273, §2 (NEW).]
33 M.R.S. § 1207 — ME Code / Title 33 / Chapter 25 / Section 1207
33 §1207. Title in State
Status: in_force

Title to each and every coastal island that is not registered by the true owner or authorized representative of such true owner with the Coastal Island Registry on or before December 31, 1975, shall vest in the State of Maine on January 1, 1976, subject to the exceptions and conditions set forth in sections 1208 and 1210 . [PL 1975, c. 509, §6 (RPR).]
33 M.R.S. § 1602-121 — ME Code / Title 33 / Chapter 31 / Section 1602-121
33 §1602-121. Merger or consolidation of condominiums
Status: in_force

(a) Any 2 or more condominiums may, by agreement of the unit owners as provided in subsection (b), be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets and liabilities of all preexisting associations. [PL 1981, c. 699 (NEW).]

(b) An agreement of 2 or more condominiums to merge or consolidate pursuant to subsection (a) must be evidenced by an agreement prepared, executed, recorded and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement must be recorded in every county in which a portion of the condominium is located and is not effective until recorded. [PL 1981, c. 699 (NEW).]

(c) Every merger or consolidation agreement must provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either:

(1) By stating such reallocations or the formulas upon which they are based; or [PL 1981, c. 699 (NEW).]

(2) By stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of such percentages allocated to each unit formerly comprising a part of such preexisting condominium shall be equal to the percentages of allocated interests allocated to such unit by the declaration of the preexisting condominiums. [PL 1981, c. 699 (NEW).]

(d) Every merger or consolidation of 2 or more condominium associations shall comply with the requirements of Title 13‑B , the Maine Nonprofit Corporation Act, except to the extent inconsistent with this Act. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 51 — ME Code / Title 33 / Chapter 3 / Section 51
33 §51. Writing required; consideration need not be expressed
Status: in_force

No action shall be maintained in any of the following cases:

1. Executor or administrator. To charge an executor or administrator upon any special promise to answer damages out of his own estate;

2. Debt of another. To charge any person upon any special promise to answer for the debt, default or misdoings of another;

3. Agreement of marriage. To charge any person upon an agreement made in consideration of marriage;

4. Contract for sale of land. Upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them;

5. Agreement not to be performed within one year. Upon any agreement that is not to be performed within one year from the making thereof;

6. Contract to pay debt discharged in bankruptcy. Upon any contract to pay a debt after a discharge therefrom under the bankrupt laws of the United States, or assignment or insolvent laws of this State;

7. Agreement to give property by will. Upon any agreement to give, bequeath or devise by will to another, any property, real, personal or mixed;

8. Agreement to refrain from carrying on any business. Upon any agreement to refrain from carrying on or engaging in any trade, business, occupation or profession for any term of years or within any defined territory or both; the provisions of this subsection shall not apply to any such agreement made prior to August 13, 1947; unless the promise, contract or agreement on which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto lawfully authorized; but the consideration thereof need not be expressed therein, and may be proved otherwise.
33 M.R.S. § 1603-103 — ME Code / Title 33 / Chapter 31 / Section 1603-103
33 §1603-103. Executive board members and officers; declarant control
Status: reserved

(a) Except as provided in the declaration, the bylaws, in subsection (b), or other provisions of this Act, the executive board may act in all instances on behalf of the association. The declarant is a fiduciary for the unit owners with respect to actions taken or omitted at his direction by officers and members of the executive board appointed by the declarant, and acting in those capacities, or elected by the members at a time when more than 50% of the voting rights are held by the declarant. [PL 1981, c. 699 (NEW).]

(b) The executive board may not act on behalf of the association to amend the declaration, section 1602‑117 , to terminate the condominium, section 1602‑118 , or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members, subsection (e), but the executive board may fill vacancies in its membership for the unexpired portion of any term. [PL 1981, c. 699 (NEW).]

(c) Within 30 days after adoption of any proposed budget for the condominium, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than 10 nor more than 30 days after mailing of the summary. Unless at that meeting a majority of all the unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board. [PL 2015, c. 122, §1 (AMD).]

(d) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by him may appoint and remove the officers and members of the executive board. Any period of declarant control extends from the date of the first conveyance of a unit to a person other than a declarant for a period not exceeding 7 years in the case of a condominium in which the declarant has reserved development rights, or 5 years in the case of any other condominium. Regardless of the period provided in the declaration, a period of declarant control terminates no later than 60 days after conveyance of 75% of the units to unit owners other than a declarant. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event he may require, for the duration of the period of declarant control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. Within the above limits, the period of declarant control shall end no earlier than the later of: (1) Conveyance by the declarant of 50% of the units; (2) Termination of any right of declarant to appoint officers or members of the executive board; or (3) Termination of any right of declarant to approve or veto any actions of the association or the executive board. [PL 1983, c. 78, §2 (AMD).]

(e) Not later than the termination of any period of declarant control, the unit owners shall elect an executive board of at least 3 persons, at least a majority of whom must be unit owners or spouses of unit owners or, in the case of a unit owner which is a corporation, partnership, trust or estate, a designated agent thereof. The declaration may provide for staggered terms for the executive board. The executive board shall elect the officers. The executive board members and officers shall take office upon election. [PL 1981, c. 699 (NEW).]

(f) In determining whether the period of declarant control has terminated under subsection (d), the percentage of the units conveyed is presumed to be that percentage which would have been conveyed if all the units the declarant has built or reserved the right to build in the declaration were included in the condominium. [PL 1983, c. 78, §2 (AMD).]

(g) The executive board may make a special assessment, subject to the following ratification requirements. (1) A special assessment must be ratified by unit owners in accordance with subsection (c), except that, if payment of any portion of the proposed special assessment is due after the end of the association's current budget year, ratification requires approval of a majority in interest of all unit owners. (2) If the amount of the special assessment does not exceed 2 months' common charges and the board determines that the assessment is necessary to meet an emergency, the board may make the special assessment immediately in accordance with the terms of the board's vote, without ratification by unit owners. [PL 2015, c. 122, §2 (NEW).]
33 M.R.S. § 473 — ME Code / Title 33 / Chapter 7 / Section 473
33 §473. Persons under disability; 2-year period not suspended
Status: in_force

The notice provided in section 472 may be filed for record by the claimant or any other person acting on behalf of any claimant who is under a disability or unable to assert a claim on his own behalf, but no disability or lack of knowledge of any kind shall suspend or extend the periods provided for such filing. [PL 1975, c. 511 (NEW).]
33 M.R.S. § 2052 — ME Code / Title 33 / Chapter 45 / Section 2052
33 §2052. Definitions
Status: in_force

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 498, §22 (NEW).]

1. Administrator. "Administrator" means the Treasurer of State. [PL 2019, c. 498, §22 (NEW).]

2. Administrator's agent. "Administrator's agent" means a person with which the administrator contracts to conduct an examination under subchapter 10 on behalf of the administrator. "Administrator's agent" includes an independent contractor of the person and each individual participating in the examination on behalf of the person or contractor. [PL 2019, c. 498, §22 (NEW).]

3. Apparent owner. "Apparent owner" means a person whose name appears on the records of a holder as the owner of property held, issued or owing by the holder. [PL 2019, c. 498, §22 (NEW).]

4. Business association. "Business association" means a corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship or other business entity, whether or not for profit. [PL 2019, c. 498, §22 (NEW).]

5. Confidential information. "Confidential information" means records, reports and information that are confidential under section 2212 . [PL 2019, c. 498, §22 (NEW).]

6. Domicile. "Domicile" means: A. For a corporation, the state of its incorporation; [PL 2019, c. 498, §22 (NEW).] B. For a business association, other than a corporation, whose formation requires a filing with a state, the state of its filing; [PL 2019, c. 498, §22 (NEW).] C. For a federally chartered entity, the state of its home office; and [PL 2019, c. 498, §22 (NEW).] D. For any other holder, the state of its principal place of business. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

7. Electronic. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. [PL 2019, c. 498, §22 (NEW).]

8. E-mail. "E-mail" means a communication by electronic means that is automatically retained and stored and may be readily accessed or retrieved. [PL 2019, c. 498, §22 (NEW).]

9. Financial organization. "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization or credit union. [PL 2019, c. 498, §22 (NEW).]

10. Game-related digital content. "Game-related digital content" means digital content that exists only in an electronic game or electronic game platform. "Game-related digital content": A. Includes: (1) Game-play currency such as a virtual wallet, even if denominated in United States currency; and (2) The following if for use or redemption only within the game or platform or another electronic game or electronic game platform: (a) Points accrued through game play, which may be referred to as gems, tokens, gold and similar names; and (b) Digital codes; and [PL 2019, c. 498, §22 (NEW).] B. Does not include an item that the issuer: (1) Permits to be redeemed for use outside a game or platform for: (a) Money; or (b) Goods or services that have more than minimal value; or (2) Otherwise monetizes for use outside a game or platform. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

11. Gift obligation. "Gift obligation" means a record evidencing an obligation of a business association arising from a transaction between the business association and a consumer to provide goods or services at a future date for a specified amount shown in the record. A. A gift obligation: (1) Is a bearer instrument not associated with an account holder or individual; (2) May be decreased in value only by redemption for merchandise, goods or services; and (3) Unless required by law, may not be redeemed for or converted into money or otherwise monetized. [PL 2019, c. 498, §22 (NEW).] B. "Gift obligation" does not include account credits or account balances, including credits or balances funded by gift obligations. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

12. Holder. "Holder" means a person obligated to hold property subject to this Act for the account of, or to deliver or pay to, the owner. [PL 2019, c. 498, §22 (NEW).]

13. Insurance company. "Insurance company" means an association, corporation or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection and workers' compensation insurance. [PL 2019, c. 498, §22 (NEW).]

13-A. Lawyer's trust account. "Lawyer's trust account" means a pooled trust account managed pursuant to rules adopted by the Supreme Judicial Court that earns interest or dividends at an eligible institution in which a lawyer or law firm holds funds on behalf of a client or clients. These funds are small in amount or held for a short period of time, such that the funds cannot earn interest or dividends for the client in excess of the costs incurred to secure such interest or dividends. For the purpose of this subsection, "eligible institution" means a financial organization meeting the requirements in rules adopted by the Supreme Judicial Court. [PL 2019, c. 571, §1 (NEW).]

13-B. Lawyer's trust account program manager. "Lawyer's trust account program manager" means an entity designated by the Supreme Judicial Court to manage the lawyer's trust account program adopted by the Supreme Judicial Court. [PL 2019, c. 571, §2 (NEW).]

14. Loyalty obligation. "Loyalty obligation" means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. "Loyalty obligation" does not include: A. A record that may be redeemed for money or otherwise monetized by the issuer; [PL 2019, c. 498, §22 (NEW).] B. A gift obligation; or [PL 2019, c. 498, §22 (NEW).] C. A stored-value obligation. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

15. Mineral. "Mineral" means gas, oil, coal, oil shale, other gaseous, liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources and any other substance defined as a mineral by law of this State other than this Act. [PL 2019, c. 498, §22 (NEW).]

16. Mineral proceeds. "Mineral proceeds" means an amount payable for extraction, production or sale of minerals or, on the abandonment of the amount, an amount that becomes payable after abandonment. "Mineral proceeds" includes an amount payable: A. For the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty and delay rental; [PL 2019, c. 498, §22 (NEW).] B. For the extraction, production or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment and production payment; and [PL 2019, c. 498, §22 (NEW).] C. Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement and farm-out agreement. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

17. Money order. "Money order" means a payment order for a specified amount of money. "Money order" includes an express money order and a personal money order on which the remitter is the purchaser. "Money order" does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee. [PL 2019, c. 498, §22 (NEW).]

18. Municipal bond. "Municipal bond" means a bond or evidence of indebtedness issued by a municipality or other political subdivision of a state. [PL 2019, c. 498, §22 (NEW).]

19. Net obligation value. "Net obligation value" means the original purchase price or original issued value of a stored-value or gift obligation, plus amounts added to the original price or value, if applicable, minus amounts used and any service charge, fee or dormancy charge permitted by law. [PL 2019, c. 498, §22 (NEW).]

20. Nonfreely transferable security. "Nonfreely transferable security" means a security that cannot be delivered to the administrator by the Depository Trust and Clearing Corporation or similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. "Nonfreely transferable security" includes a worthless security. [PL 2019, c. 498, §22 (NEW).]

21. Owner. "Owner" means a person that has a legal, beneficial or equitable interest in property subject to this Act or the person's legal representative when acting on behalf of the person. "Owner" includes: A. A depositor, for a deposit; [PL 2019, c. 498, §22 (NEW).] B. A beneficiary, for a trust other than a deposit in trust; [PL 2019, c. 498, §22 (NEW).] C. A creditor, claimant or payee, for other property; and [PL 2019, c. 498, §22 (NEW).] D. The lawful bearer of a record that may be used to obtain money, a reward or a thing of value. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

22. Payroll card. "Payroll card" means a record that evidences a payroll card account as defined in Regulation E, 12 Code of Federal Regulations, Part 1005, as amended. [PL 2019, c. 498, §22 (NEW).]

23. Person. "Person" means an individual, estate, business association, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity, whether or not for profit. [PL 2019, c. 498, §22 (NEW).]

24. Property. "Property" means tangible property described in section 2065 or a fixed and certain interest in intangible property held, issued or owed in the course of a holder's business or by a government or governmental subdivision, agency or instrumentality. "Property": A. Includes all income from or increments to the property; [PL 2019, c. 498, §22 (NEW).] B. Includes property referred to as or evidenced by: (1) Money, interest or a dividend, check, draft, deposit or payroll card; (2) A credit balance, customer's overpayment, stored-value obligation, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds or unidentified remittance; (3) A security, except for: (a) A worthless security; or (b) A security that is subject to a lien, legal hold or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold or restriction restricts the holder's or owner's ability to receive, transfer, sell or otherwise negotiate the security; (4) A bond, debenture, note or other evidence of indebtedness; (5) Money deposited to redeem a security, make a distribution or pay a dividend; (6) An amount due and payable under an annuity contract or insurance policy; (7) An amount distributable from a trust or custodial fund established under a plan to provide a health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefit; and (8) Funds in a lawyer's trust account; and [PL 2019, c. 571, §3 (AMD).] C. Does not include a loyalty obligation or game-related digital content. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 571, §3 (AMD).]

25. Putative holder. "Putative holder" means a person believed by the administrator to be a holder, until the person pays or delivers to the administrator property subject to this Act or the administrator or a court makes a final determination that the person is or is not a holder. [PL 2019, c. 498, §22 (NEW).]

26. Record. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. "Record," with regard to records of a holder, includes records maintained by a 3rd party that has contracted with the holder. [PL 2019, c. 498, §22 (NEW).]

27. Security. "Security" means: A. A security as defined in Title 11, Article 8‑A ; [PL 2019, c. 498, §22 (NEW).] B. A security entitlement as defined in Title 11, Article 8‑A , including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not: (1) Registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets; (2) Payable to the order of the person; or (3) Specifically indorsed to the person; or [PL 2019, c. 498, §22 (NEW).] C. An equity interest in a business association not included in paragraph A or B . [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

28. Sign. "Sign" means, with present intent to authenticate or adopt a record: A. To execute or adopt a tangible symbol; or [PL 2019, c. 498, §22 (NEW).] B. To attach to or logically associate with the record an electronic symbol, sound or process. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

29. State. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. [PL 2019, c. 498, §22 (NEW).]

30. Stored-value obligation. "Stored-value obligation" means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services or money will be provided to the owner of the record in the amount of the value or amount shown in the record. "Stored-value obligation": A. Includes a record that contains or consists of a microprocessor chip, magnetic strip or other means for the storage of information, that is prefunded and the value or amount of which is decreased on each use and increased by payment of additional consideration; and [PL 2019, c. 498, §22 (NEW).] B. Does not include a loyalty obligation, a gift obligation or game-related digital content. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

31. United States savings bond. "United States savings bond" means property, tangible or intangible, in the form of a savings bond issued by the United States Treasury whether in paper form, electronic form or paperless form, along with all the proceeds of the savings bond. [PL 2019, c. 498, §22 (NEW).]

32. Utility. "Utility" means a person that owns or operates for public use a plant, equipment, real property, franchise or license for the following public services: A. Transmission of communications or information; [PL 2019, c. 498, §22 (NEW).] B. Production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas; or [PL 2019, c. 498, §22 (NEW).] C. Provision of sewage or septic services or trash, garbage or recycling disposal. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

33. Worthless security. "Worthless security" means a security of which the cost of liquidation and delivery to the administrator would exceed the value of the security on the date a report is due under this Act. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 658 — ME Code / Title 33 / Chapter 11 / Section 658
33 §658. Recording of releases or waivers of conditions
Status: in_force

Whenever land has been lotted in accordance with section 657 and lots described therein have been conveyed by deeds of conveyance containing one or more uniform conditions which restrict the full and unqualified enjoyment of the right or estate granted, the grantor may subsequently by a writing under seal and by the grantor signed and acknowledged and recorded in the registry of deeds for the county or registry district in which the land lies, release and waive one or more of such conditions by reference to lot numbers, block numbers, section numbers or other apt description. Such release and waiver need not state a consideration and need not contain the names of the grantees or present owners of the respective parcels. Such release and waiver shall thereafter accrue to the respective individual benefit of the owners of the parcels described in such release and waiver and may be used by them as a bar to any action by the said grantor for breach of any such condition thus released and waived. Such writing shall not in any way affect or impair like conditions in respect to other deeds of lots shown on such plans and not included in such release and waiver, and such writing shall not in any way affect or impair other conditions contained in deeds of the parcels referred to in such release and waiver.
33 M.R.S. § 1210 — ME Code / Title 33 / Chapter 25 / Section 1210
33 §1210. Exemption
Status: in_force

Any coastal island that has 4 or more residential structures thereon is exempted from this chapter, provided that such property is on the tax rolls of a municipality or of the State. [PL 1975, c. 509, §9 (RPR).]
33 M.R.S. § 2062 — ME Code / Title 33 / Chapter 45 / Section 2062
33 §2062. When tax-deferred retirement account presumed abandoned
Status: in_force

1. Presumed abandoned after 3 years. Subject to section 2070 , property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner 3 years after the later of: A. The later of the following dates: (1) Except as in subparagraph (2), the date a communication sent by the holder by first class United States mail to the apparent owner is returned to the holder as undeliverable by the United States Postal Service; and (2) If the returned communication is resent within 30 days, the date the resent communication was returned as undeliverable by the United States Postal Service; and [PL 2019, c. 498, §22 (NEW).] B. The earlier of the following dates: (1) The date the apparent owner becomes 70 1/2 years of age; and (2) If the federal Internal Revenue Code of 1986, as amended, requires distribution to avoid a tax penalty, the date the holder: (a) Receives confirmation of the death of the apparent owner in the ordinary course of its business; or (b) Confirms the death of the apparent owner under subsection 2 . [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Confirmation of death of apparent owner. If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subsection 1, paragraph B applies, the holder shall attempt not later than 90 days after receipt of the notice or indication to confirm whether the apparent owner is deceased. [PL 2019, c. 498, §22 (NEW).]

3. Confirmation of apparent owner's interest. If the holder does not send communications to the apparent owner of an account described in subsection 1 by first class United States mail on at least an annual basis, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an e-mail not later than 2 years after the apparent owner's last indication of interest in the property. However, the holder promptly shall attempt to contact the apparent owner by first class United States mail if: A. The holder does not have information needed to send the apparent owner an e-mail or the holder believes that the apparent owner's e-mail address in the holder's records is not valid; [PL 2019, c. 498, §22 (NEW).] B. The holder receives notification that the e-mail was not received; or [PL 2019, c. 498, §22 (NEW).] C. The apparent owner does not respond to the e-mail within 30 days after the e-mail was sent. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1213 — ME Code / Title 33 / Chapter 25 / Section 1213
33 §1213. Water boundaries
Status: in_force

For the purposes of this chapter, the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources shall draw the water boundaries of the 8 coastal counties in order to determine in which registry of deeds the island must be registered. These lines must be drawn in accordance with the corporate charters of the counties as amended. In instances in which the charter does not clearly specify the seaward boundaries of the counties, the boundaries must be drawn in accordance with state law and the principles contained in the International Convention for the Contiguous and Territorial Sea in determining seaward boundaries between adjacent nation states. [PL 2013, c. 405, Pt. C, §17 (AMD).]
33 M.R.S. § 1603-104 — ME Code / Title 33 / Chapter 31 / Section 1603-104
33 §1603-104. Transfer of special declarant rights
Status: reserved

(a) No special declarant rights, section 1601‑103 , paragraph (25), created or reserved under this Act may be transferred except by a recorded instrument. The instrument is not effective unless executed by the transferee. [PL 1981, c. 699 (NEW).]

(b) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows.

(1) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed upon him by this Act. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor. [PL 1981, c. 699 (NEW).]

(2) If the successor to any special declarant right is an affiliate of a declarant, section 1601‑103 , paragraph (1), the transferor is jointly and severally liable with the successor for any obligation or liability of the successor which relates to the condominium. [PL 1981, c. 699 (NEW).]

(3) If a transferor retains any special declarant right, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is also liable for any obligations and liabilities relating to the retained special declarant rights imposed on a declarant by this Act or by the declaration arising after the transfer. [PL 1981, c. 699 (NEW).]

(4) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor. [PL 1981, c. 699 (NEW).]

(c) Unless otherwise provided in a mortgage instrument in case of foreclosure of a mortgage, tax sale, judicial sale, or sale under bankruptcy code or receivership proceedings, of any units owned by a declarant or real estate in a condominium subject to development rights, a person acquiring title to all the real estate being foreclosed or sold, but only upon his request, succeeds to all special declarant rights related to that real estate held by that declarant, or only to any rights reserved in the declaration pursuant to section 1602‑115 and held by that declarant to maintain models, sales offices and signs. The judgment or instrument conveying title shall provide for transfer of only the special declarant rights requested. [PL 1981, c. 699 (NEW).]

(d) Upon foreclosure, tax sale, judicial sale, or sale under bankruptcy code or receivership proceedings, of all units and other real estate in a condominium owned by a declarant:

(1) The declarant ceases to have any special declarant rights; and [PL 1981, c. 699 (NEW).]

(2) The period of declarant control, section 1603‑103 , subsection (d), terminates unless the judgment or instrument conveying title provides for transfer of all special declarant rights held by that declarant to a successor declarant. [PL 1981, c. 699 (NEW).]

(e) The liabilities and obligations of persons who succeed to special declarant rights are as follows.

(1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this Act or by the declaration. [PL 1981, c. 699 (NEW).]

(2) A successor to any special declarant rights other than a successor described in paragraphs (3) or (4), who is not an affiliate of a declarant, is subject to all obligations and liabilities imposed by this Act or the declaration: (A) On a declarant which relate to his exercise or nonexercise of special rights; or (B) On his transferor, other than: (i) Misrepresentations by any prior declarant; (ii) Warranty obligations on improvements made by any previous declarant, or made before the condominium was created; (iii) Breach of any fiduciary obligation by any previous declarant or his appointees to the executive board; or (iv) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer. [PL 1981, c. 699 (NEW).]

(3) A successor to only a right reserved in the declaration to maintain models, sales offices and signs, section 1602‑115 , if he is not an affiliate of a declarant, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof. [PL 1981, c. 699 (NEW).]

(4) A successor to all special declarant rights held by his transferor, who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under subsection (c), may declare his intention in a recorded instrument to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his transferor to control the executive board in accordance with the provisions of section 1603‑103 , subsection (d), for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant rights under this subsection, he is not subject to any liability or obligation as a declarant other than liability for his acts and omissions under section 1603‑103 , subsection (d). [PL 1981, c. 699 (NEW).]

(f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this Act or the declaration. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1601-114 — ME Code / Title 33 / Chapter 31 / Section 1601-114
33 §1601-114. Remedies to be liberally administered
Status: in_force

(a) The remedies provided by this Act shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special or punitive damages may not be awarded except as specifically provided in this Act or by other rule of law. [PL 1981, c. 699 (NEW).]

(b) Any right or obligation declared by this Act is enforceable by judicial proceeding. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1604-114 — ME Code / Title 33 / Chapter 31 / Section 1604-114
33 §1604-114. Exclusion or modification of implied warranties of quality
Status: in_force

(a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of quality:

(1) May be excluded or modified by agreement of the parties; and [PL 1981, c. 699 (NEW).]

(2) Are excluded by expression of disclaimer, such as "as is," "with all faults," or other language which in common understanding calls the buyer's attention to the exclusion of warranties. [PL 1981, c. 699 (NEW).]

(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant may disclaim liability in an instrument signed by the purchaser, for a specified defect or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1604-106 — ME Code / Title 33 / Chapter 31 / Section 1604-106
33 §1604-106. Public offering statement; condominium securities
Status: in_force

If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States or the Office of Securities of this State, a declarant satisfies all requirements relating to the preparation of a public offering statement of this Act if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission or the Office of Securities. When a condominium is located in a state other than Maine, under the laws of which a public offering statement is required in detail similar to the requirements of this Act, a declarant satisfies all requirements relating to the preparation of a public offering statement if the declarant delivers to the purchaser a copy of that public offering statement. [PL 2001, c. 182, §14 (AMD).]
33 M.R.S. § 1601-103 — ME Code / Title 33 / Chapter 31 / Section 1601-103
33 §1601-103. Definitions
Status: reserved

In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this Act: [PL 1981, c. 699 (NEW).]

(1) "Affiliate of a declarant" means any person who controls, is controlled by or is under common control with a declarant. A person "controls" a declarant if the person: (i) Is a general partner, officer, director or employer of the declarant; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing more than 20% of the voting interests of the declarant; (iii) controls in any manner the election of a majority of the directors of the declarant; or (iv) has contributed more than 20% of the capital in the declarant. A person "is controlled by" a declarant if the declarant: (i) Is a general partner, officer, director or employer of the person; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing, more than 20% of the voting interests in the person; (iii) controls in any manner the election of a majority of the directors of the person; or (iv) has contributed more than 20% of the capital of the person;

Control does not exist if the powers described in this paragraph are held solely as security for an obligation and are not exercised. [PL 1981, c. 699 (NEW).]

(2) "Allocated interests" means the undivided interests in the common elements, the common expense liability and votes in the association allocated to each unit; [PL 1981, c. 699 (NEW).]

(3) "Association" or "unit owners' association" means the unit owners' association organized under section 1603‑101 ; [PL 1981, c. 699 (NEW).]

(4) "Common elements" means all portions of a condominium other than the units; [PL 1981, c. 699 (NEW).]

(5) "Common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves; [PL 1981, c. 699 (NEW).]

(6) "Common expense liability" means the liability for common expenses allocated to each unit pursuant to section 1602‑107 ; [PL 1981, c. 699 (NEW).]

(7) "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions under a declaration, or an amendment to a declaration, duly recorded pursuant to this Act. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Any real estate development consisting exclusively of clustered, detached, single family residences is not a condominium, unless so designated in the declaration; [PL 1983, c. 190 (AMD).]

(8) "Conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by one or more persons other than purchasers and persons who occupy with the consent of purchasers; [PL 1981, c. 699 (NEW).]

(9) "Declarant" means any person or group of persons acting in concert who: (i) As part of a common promotional plan, offers to dispose of his or its interest in a unit not previously disposed of; or (ii) reserves or succeeds to any special declarant right; [PL 1981, c. 699 (NEW).]

(10) "Declaration" means any instruments, however denominated, which create a condominium and any amendments to those instruments; [PL 1981, c. 699 (NEW).]

(11) "Development rights" means any right or combination of rights reserved by a declarant in the declaration to add real estate to a condominium; to create units, common elements or limited common elements within a condominium; to subdivide units or convert units into common elements; or to withdraw real estate from a condominium; [PL 1981, c. 699 (NEW).]

(12) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest; [PL 1981, c. 699 (NEW).]

(13) "Executive board" means the body, regardless of name, designated in the declaration to act on behalf of the association; [PL 1981, c. 699 (NEW).]

(14) "Identifying number" means a symbol or address that identifies only one unit in a condominium; [PL 1981, c. 699 (NEW).]

(15) "Leasehold condominium" means a condominium in which all or a portion of the real estate is subject to a lease the expiration or termination of which will terminate the condominium or reduce its size; [PL 1981, c. 699 (NEW).]

(16) "Limited common element" means a portion of the common elements allocated by the declaration or by operation of section, 1602‑102 , paragraphs (2) or (4) for the exclusive use of one or more but fewer than all of the units; [PL 1981, c. 699 (NEW).]

(17) "Master association" means an organization described in section 1602‑120 , whether or not it is also an association described in section 1603‑101 ; [PL 1981, c. 699 (NEW).]

(18) "Offering" means any advertisement, inducement, solicitation or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation. An advertisement in a newspaper or other periodical of general circulation, or in any broadcast medium to the general public, of a condominium not located in this State, is not an offering if the advertisement states that an offering may be made only in compliance with the law of the jurisdiction in which the condominium is located; [PL 1981, c. 699 (NEW).]

(19) "Person" means a natural person, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, joint venture or other legal or commercial entity; [PL 1981, c. 699 (NEW).]

(20) "Purchaser" means any person, other than a declarant, or a person in the business of selling real estate for his own account, who by means of a voluntary transfer acquires a legal or equitable interest in a unit, other than: (i) A leasehold interest, including renewal options, of less than 20 years; or (ii) as security for an obligation; [PL 1981, c. 699 (NEW).]

(21) "Real estate" means any leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interest which by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water; [PL 1981, c. 699 (NEW).]

(22) "Real estate trust" means an arrangement evidenced by a writing, the purposes of which include the ownership of real estate and the creation and management of a condominium, under which arrangement one or more trustees are empowered to hold legal title to real estate for the benefit of beneficiaries. Trustees may also be beneficiaries under a real estate trust; [PL 1981, c. 699 (NEW).]

(23) "Recorded" means that the instrument, plan or plat shall be duly recorded in every registry of deeds in each county or registry district in which the condominium or any portion thereof is located. Each such instrument, plan or plat shall be indexed by the Register of Deeds, in the name of the condominium and the parties thereto; [PL 1981, c. 699 (NEW).]

(24) "Residential" means use for dwelling or recreational purposes, or both; [PL 1981, c. 699 (NEW).]

(25) "Special declarant rights" means rights reserved for the benefit of a declarant to complete improvements indicated on plats and plans filed with the declaration, section 1602‑109 ; to exercise any development right, section 1602‑110 ; to maintain sales offices, management offices, signs advertising the condominium and models, section 1602‑115 ; to use easements through the common elements for the purpose of making improvements within the condominium or within real estate which may be added to the condominium, section 1602‑116 ; to make the condominium part of a larger condominium or a planned community, section 1602‑121 ; to make the condominium subject to a master association, section 1602‑120 ; or to appoint or remove any officer of the association or any master association or any executive board member or to approve any acts of the association or the executive board, during any period of declarant control, section 1603‑103 , subsection (d); [PL 1981, c. 699 (NEW).]

(26) "Unit" means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to section 1602‑105 , paragraph (5); and [PL 1981, c. 699 (NEW).]

(27) "Unit owner" means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 173 — ME Code / Title 33 / Chapter 7 / Section 173
33 §173. Required disclosures
Status: in_force

Unless the transaction is exempt under section 172 , the seller of residential real property shall provide to the purchaser a property disclosure statement containing the following information: [PL 1999, c. 476, §1 (NEW).]

1. Water supply system. The type of system used to supply water to the property. If the property has a private water supply, the seller shall disclose: A. The type of system; [PL 1999, c. 476, §1 (NEW).] B. The location of the system; [PL 1999, c. 476, §1 (NEW).] C. Any malfunctions of the system; [PL 1999, c. 476, §1 (NEW).] D. The date of the most recent water test, if any; and [PL 1999, c. 476, §1 (NEW).] E. Whether the seller has experienced a problem such as an unsatisfactory water test or a water test with notations; [PL 1999, c. 476, §1 (NEW).] [PL 1999, c. 476, §1 (NEW).]

2. Insulation. [PL 2005, c. 378, §25 (RP); PL 2005, c. 378, §29 (AFF).]

2-A. Heating system or heating source. Detailed information on the system or source used to supply heat to the property, including: A. The type of heating system or source; [PL 2005, c. 378, §26 (NEW); PL 2005, c. 378, §29 (AFF).] B. The age of the heating system or source; [PL 2005, c. 378, §26 (NEW); PL 2005, c. 378, §29 (AFF).] C. The name of the company that services the heating system or source; [PL 2005, c. 378, §26 (NEW); PL 2005, c. 378, §29 (AFF).] D. The date of the most recent service call on the heating system or source; [PL 2005, c. 378, §26 (NEW); PL 2005, c. 378, §29 (AFF).] E. The annual fuel consumption per heating system or source; [PL 2019, c. 37, §1 (AMD).] F. Any malfunctions per heating system or source within the past 2 years; and [PL 2019, c. 37, §1 (AMD).] G. The date of the most recent inspection of the chimneys and vents for the heating system or source; [PL 2019, c. 37, §2 (NEW).] [PL 2019, c. 37, §§1, 2 (AMD).]

3. Waste disposal system. The type of waste disposal system used on the property. If the property has a private waste disposal system, the seller shall disclose: A. The type of system; [PL 1999, c. 476, §1 (NEW).] B. The size and type of the tank; [PL 1999, c. 476, §1 (NEW).] C. The location of the tank; [PL 1999, c. 476, §1 (NEW).] D. Any malfunctions of the tank; [PL 1999, c. 476, §1 (NEW).] E. The date of installation of the tank; [PL 1999, c. 476, §1 (NEW).] F. The location of the leach field; [PL 1999, c. 476, §1 (NEW).] G. Any malfunctions of the leach field; [PL 1999, c. 476, §1 (NEW).] H. The date of installation of the leach field; [PL 1999, c. 476, §1 (NEW).] I. The date of the most recent servicing of the system; [PL 1999, c. 476, §1 (NEW).] J. The name of the contractor who services the system; and [PL 1999, c. 476, §1 (NEW).] K. For systems within shoreland zones, disclosures on septic systems required by Title 30‑A, section 4216 ; [PL 1999, c. 476, §1 (NEW).] [PL 1999, c. 476, §1 (NEW).]

4. Hazardous materials. The presence or prior removal of hazardous materials or elements on the residential real property, including, but not limited to: A. Asbestos; [PL 1999, c. 476, §1 (NEW).] B. Lead-based paint for pre-1978 homes in accordance with federal regulations; [PL 2011, c. 96, §5 (AMD).] C. Radon; [PL 2019, c. 234, §1 (AMD).] D. Underground oil storage tanks as required under Title 38, section 563, subsection 6 ; and [PL 2019, c. 234, §2 (AMD).] E. Methamphetamine; [PL 2019, c. 234, §3 (NEW).] [PL 2019, c. 234, §§1-3 (AMD).]

5. Known defects. Any known defects; [PL 2023, c. 585, §1 (AMD); PL 2023, c. 602, §3 (AMD).]

6. Access to the property. Information describing the means of accessing the property by: A. A public way, as defined in Title 29‑A, section 101, subsection 59 ; and [PL 2017, c. 181, §3 (NEW).] B. 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; [RR 2023, c. 2, Pt. A, §50 (COR).] [RR 2023, c. 2, Pt. A, §50 (COR).]

7. Flood hazard. Information regarding potential flood risks, including: A. Whether, at the time the seller provides the information to the purchaser, the property is located wholly or partly within an area of special flood hazard mapped on the effective flood insurance rate map issued by the Federal Emergency Management Agency on or after March 4, 2002; the federally designated flood zone for the property indicated on that flood insurance rate map; and a copy of the relevant panel of that flood insurance rate map. For the purposes of this paragraph, "area of special flood hazard" has the same meaning as in Title 38, section 436‑A, subsection 1‑C ; [PL 2023, c. 585, §3 (NEW).] B. Whether, during the time that the prospective seller has owned the property: (1) Any flood events affected the property or a structure on the property; (2) Any flood-related damage to a structure occurred on the property; (3) Any flood insurance claims were filed for a structure on the property and, if so, the date of each claim; and (4) Any past disaster-related aid was provided related to the property or a structure on the property from federal, state or local sources for the purposes of flood recovery and, if so, the date of each payment; and [PL 2023, c. 585, §3 (NEW).] C. For the purposes of this subsection, "flood" means: (1) A general and temporary condition of partial or complete inundation of normally dry areas from: (a) The overflow of inland or tidal waters; or (b) The unusual and rapid accumulation or runoff of surface waters from any source; or (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event that results in flooding as described in subparagraph (1), division (a); [RR 2023, c. 2, Pt. A, §51 (COR).] [RR 2023, c. 2, Pt. A, §51 (COR).] Revisor's Note: (Subsection 7 as enacted by PL 2023, c. 602, §5 is REALLOCATED TO TITLE 33, SECTION 173, SUBSECTION 8)

8. (REALLOCATED FROM T. 33, §173, sub-§7) Shoreland zoning ordinance. Detailed information on any of the following related to a shoreland zoning ordinance adopted pursuant to Title 38, chapter 3, subchapter 1, article 2‑B : A. A notice of violation issued by a municipal official or state agency; [PL 2025, c. 69, §1 (NEW).] B. A pending enforcement action; [PL 2025, c. 69, §1 (NEW).] C. Litigation; [PL 2025, c. 69, §1 (NEW).] D. A court judgment; and [PL 2025, c. 69, §1 (NEW).] E. A settlement or consent agreement. [PL 2025, c. 69, §1 (NEW).] [PL 2025, c. 69, §1 (RPR).]
33 M.R.S. § 1602-107 — ME Code / Title 33 / Chapter 31 / Section 1602-107
33 §1602-107. Allocations of common element interests,   votes and common expense liabilities
Status: in_force

(a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and a portion of the votes in the association to each unit and state the formulas used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant. [PL 1981, c. 699 (NEW).]

(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal. [PL 1981, c. 699 (NEW).]

(c) The declaration may provide:

(1) That different allocations of votes shall be made to the units on particular matters specified in the declaration; and [PL 1981, c. 699 (NEW).]

(2) For class voting on specified issues affecting the class if necessary to protect valid interests of the class. [PL 1981, c. 699 (NEW).]

A declarant may not utilize class voting for the purpose of evading any limitation imposed on declarants by this Act, nor may units constitute a class because they are owned by a declarant. [PL 1981, c. 699 (NEW).]

(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or 100% if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formulas, the allocated interest prevails. [PL 1981, c. 699 (NEW).]

(e) The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void, except as permitted in section 1603‑112 . [PL 1981, c. 699 (NEW).]
33 M.R.S. § 112 — ME Code / Title 33 / Chapter 5-A / Section 112
33 §112. When nonvested property interest or power of appointment created
Status: in_force

1. General principles. Except as provided in subsections 2 and 3 and in section 115, subsection 1 , the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Unqualified beneficial owner. For purposes of this chapter, if there is an individual who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 111, subsection 2 or 3 , the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Arising out of transfer of property. For purposes of this chapter, a nonvested property interest or a power of appointment arising out of a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
33 M.R.S. § 1554 — ME Code / Title 33 / Chapter 29 / Section 1554
33 §1554. Recordation
Status: in_force

So that the title to the historic property affected reflects any preservation interest, all preservation agreements shall be recorded and indexed in the registry of deeds for the county where the property is located in the manner of conveyances of interests in property. The preservation agreement shall describe the property subject to the preservation interest by adequate legal description or by reference to a recorded plan showing the subject property's boundaries. [PL 1979, c. 389 (NEW).]
33 M.R.S. § 2194 — ME Code / Title 33 / Chapter 45 / Section 2194
33 §2194. Interest and penalty for failure to act in timely manner
Status: in_force

1. Interest. A holder that fails to report, pay or deliver property within the time prescribed by this Act shall pay to the administrator interest at an annual rate of 18%, or 10% above the annual rate of discount in effect on the date the property should have been paid or delivered for the most recent issue of 52-week United States Treasury bills, on the property or value thereof from the date the property should have been reported, paid or delivered. [PL 2019, c. 498, §22 (NEW).]

2. Civil penalty. Except as otherwise provided in section 2195 or 2196 , the administrator may require a holder that fails to report, pay or deliver property within the time prescribed by this Act to pay to the administrator, in addition to interest included under subsection 1 , a civil penalty of $200 for each day the duty is not performed, up to a cumulative maximum amount of $5,000. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 477-A — ME Code / Title 33 / Chapter 7 / Section 477-A
33 §477-A. Conservation easement standards
Status: in_force

1. Conservation values. A conservation easement executed on or after the effective date of this section must include a statement of the conservation purposes of the easement, the conservation attributes associated with the real property and the benefit to the general public intended to be served by the restriction on uses of the real property subject to the conservation easement. [PL 2007, c. 412, §4 (NEW).]

2. Amendment and termination. Amendments and termination of a conservation easement may occur only pursuant to this subsection. A. A conservation easement executed on or after the effective date of this section must include a statement of the holder's power to agree to amendments to the terms of the conservation easement in a manner consistent with the limitations of paragraph B . [PL 2007, c. 412, §4 (NEW).] B. A conservation easement may not be terminated or amended in such a manner as to materially detract from the conservation values intended for protection without the prior approval of the court in an action in which the Attorney General is made a party. In making this determination, the court shall consider, among other relevant factors, the purposes expressed by the parties in the easement and the public interest. If the value of the landowner's estate is increased by reason of the amendment or termination of a conservation easement, that increase must be paid over to the holder or to such nonprofit or governmental entity as the court may designate, to be used for the protection of conservation lands consistent, as nearly as possible, with the stated publicly beneficial conservation purposes of the easement. [PL 2007, c. 412, §4 (NEW).] [PL 2007, c. 412, §4 (NEW).]

3. Monitoring. The holder of a conservation easement shall monitor the condition of the real property subject to the conservation easement at least every 3 years and shall prepare and retain a written monitoring report in its permanent records. The holder shall make available to the landowner, upon request, a copy of the monitoring report. [PL 2007, c. 412, §4 (NEW).]

4. Failure to comply. Failure to comply with the requirements of subsection 1 , subsection 2, paragraph A or subsection 3 does not invalidate a conservation easement otherwise entitled to the protections of this subchapter. [PL 2007, c. 412, §4 (NEW).]
33 M.R.S. § 2084 — ME Code / Title 33 / Chapter 45 / Section 2084
33 §2084. Holder domiciled in this State
Status: in_force

1. Holder domiciled in this State. Except as in subsection 2 or section 2082 or 2083 , the administrator may take custody of property presumed abandoned, whether located in this State, another state or a foreign country, if the holder is domiciled in this State or is this State or a governmental subdivision, agency or instrumentality of this State and: A. Another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or [PL 2019, c. 498, §22 (NEW).] B. The state or foreign country of the last known address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Holder deemed domiciled. If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile in this section is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 401 — ME Code / Title 33 / Chapter 7 / Section 401
33 §401. Cutting and sale of trees; order of court
Status: in_force

Any person seized of a freehold estate, or of a remainder or reversion in fee simple or fee tail, in a tract of woodland or timberland, on which the trees are of a growth and age fit to be cut, may apply to the Superior Court in any county for leave to cut and dispose of such trees and invest the proceeds for the use of the persons interested therein. The court after due notice to all persons interested and a hearing of the parties, if any appear, may appoint one or more persons to examine the land and report to the court, and the court may thereupon order the whole or a part of such trees to be cut and sold and the proceeds brought into court subject to further orders. The court shall appoint one or more commissioners to superintend the cutting and sale of such trees who shall account for the proceeds to the court and be under bond to the clerk for the faithful performance of their trust.
33 M.R.S. § 1901 — ME Code / Title 33 / Chapter 39 / Section 1901
33 §1901. Short title
Status: in_force

This chapter shall be known and may be cited as the Uniform Federal Lien Registration Act. [PL 1989, c. 502, Pt. A, §121 (NEW).]
33 M.R.S. § 151 — ME Code / Title 33 / Chapter 7 / Section 151
33 §151. Items covered by deed
Status: in_force

A person owning real estate and having a right of entry into it, whether seized of it or not, may convey it or all his interest in it, by a deed to be acknowledged and recorded as provided in this chapter. Down trees lying on land at the time of conveyance are real estate and pass by the deed; but such down trees as are cut into wood, logs or other lumber and hemlock bark peeled are personal property, and the owner may remove them in a reasonable time thereafter. [PL 1983, c. 433 (AMD).]
33 M.R.S. § 661 — ME Code / Title 33 / Chapter 11 / Section 661
33 §661. Plans deemed of interest to county
Status: in_force

The county commissioners may at their discretion procure such plans, other than township plans, of properties within their counties, either originals or copies, as they deem for the interest of their counties to have preserved on the files of the registry of deeds. This section shall not be construed to allow the purchase of any plan which the proprietor of any estate is required by law to file with the register of deeds.
33 M.R.S. § 1401 — ME Code / Title 33 / Chapter 28 / Section 1401
33 §1401. Establishment of solar easements
Status: in_force

Any easement obtained for the purpose of ensuring access to direct sunlight must be created in writing and must be in interest in real property that may be acquired and transferred and shall be recorded and indexed in the same way as other conveyances of real property interests. Solar easements must be appurtenant and run with the land benefited and burdened, and are subject to court decreed abandonment and other limitations provided by law. [PL 1981, c. 341 (NEW).]
33 M.R.S. § 2215 — ME Code / Title 33 / Chapter 45 / Section 2215
33 §2215. Security breach
Status: in_force

1. Notice to holder. Except to the extent prohibited by law other than this Act, the administrator or administrator's agent shall notify a holder as soon as practicable of: A. A suspected loss, misuse or unauthorized access, disclosure, modification or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator's agent; and [PL 2019, c. 498, §22 (NEW).] B. Any interference with operations in any system hosting or housing confidential information that: (1) Compromises the security, confidentiality or integrity of the information; or (2) Creates a substantial risk of identity fraud or theft. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Disclosure of breach limited. Except as necessary to inform an insurer, attorney, investigator or others as required by law, the administrator and an administrator's agent may not disclose, without the express consent in a record of the holder, an event described in subsection 1 to a person whose confidential information was supplied by the holder. [PL 2019, c. 498, §22 (NEW).]

3. Action of administrator and administrator's agent. If an event described in subsection 1 occurs, the administrator and the administrator's agent shall: A. Take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and [PL 2019, c. 498, §22 (NEW).] B. Cooperate with the holder with respect to: (1) Any notification required by law concerning a data or other security breach; and (2) A regulatory inquiry, litigation or similar action. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1604-110 — ME Code / Title 33 / Chapter 31 / Section 1604-110
33 §1604-110. Release of liens
Status: in_force

In the case of a sale of a unit where delivery of a public offering statement is required pursuant to section 1604‑102 , subsection (c), a seller shall, before or simultaneously with conveying a unit, record or furnish to the purchaser releases of all liens affecting that unit and its common element interest which the purchaser does not expressly agree to take subject to or assume, or shall provide a surety bond or substitute collateral for or insurance against the lien. This section does not apply to any real estate which a declarant has the right to withdraw. [PL 1981, c. 699 (NEW).]

Before conveying real estate to the association, the declarant shall have that real estate released from: [PL 1981, c. 699 (NEW).]

(1) All liens, the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and [PL 1981, c. 699 (NEW).]

(2) All other liens on that real estate, unless the public offering statement describes certain real estate which may be conveyed subject to liens in specified amounts. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1604-105 — ME Code / Title 33 / Chapter 31 / Section 1604-105
33 §1604-105. Public offering statement; condominiums containing conversion buildings
Status: in_force

(a) The public offering statement of a condominium containing any conversion building must contain, in addition to the information required by section 1604‑103 :

(1) A statement by the declarant, based on a report prepared by an independent architect or engineer, who is not affiliated with the declarant, describing the present condition of all structural components, waste disposal system, water system and mechanical and electrical installations material to the use and enjoyment of the building; [PL 1981, c. 699 (NEW).]

(2) A statement by the declarant of the expected useful life of each item reported on in paragraph (1) or a statement that no representations are made in that regard; and [PL 1981, c. 699 (NEW).]

(3) A list of any outstanding notices of uncured violations of building code or other municipal, state or federal laws or regulations, together with the estimated cost of curing those violations. [PL 1981, c. 699 (NEW).]

(b) This section applies only to buildings containing units that may be occupied for residential use, and does not apply to a condominium governed by section 1604‑103 , subsection (b). [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1602-112 — ME Code / Title 33 / Chapter 31 / Section 1602-112
33 §1602-112. Relocation of boundaries between adjoining units
Status: in_force

(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and upon recordation, is indexed in the name of the grantor and the grantee. [PL 1981, c. 699 (NEW).]

(b) The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 303 — ME Code / Title 33 / Chapter 7 / Section 303
33 §303. Grantor refusing to acknowledge
Status: in_force

When a grantor refuses to acknowledge his deed, the grantee or person claiming under him may leave a true copy of it with the register of deeds, and it shall have the same effect for 40 days as a record of the deed.
33 M.R.S. § 2156 — ME Code / Title 33 / Chapter 45 / Section 2156
33 §2156. Action by person whose claim is denied
Status: in_force

Not later than one year after being denied a claim under section 2154 , the claimant may commence an action against the administrator in the Superior Court of Kennebec County to establish a claim. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 595 — ME Code / Title 33 / Chapter 10-A / Section 595
33 §595. Foreclosure or commercial sale of timeshare
Status: in_force

1. Nonjudicial foreclosure of time-share estate. A time-share owner may grant to a financial institution or other person a mortgage with a power of sale on that owner's time-share estate that is governed by the terms of this section. The foreclosure of a mortgage with a power of sale or a lien from an assessment created pursuant to section 594 must be conducted pursuant to this section. The provisions of Title 14, chapter 713 do not apply to any such foreclosure. In the event of a breach of the conditions of the power of sale mortgage or the failure of the time-share owner to pay the assessments as and when due and owing the following procedure must be followed. A. Upon default, and after all applicable cure periods have expired, the person seeking to foreclose shall provide written notice of the default to the time-share owner at the owner's last known address by certified mail, return receipt requested, and by first class mail and provide a reasonable opportunity to cure of not less than 30 days from the date of the mailing of the notice letter. [PL 2005, c. 572, §2 (NEW).] B. If, after expiration of the 30-day period under paragraph A , the time-share owner has not cured the default in the manner prescribed, the person seeking to foreclose shall conduct a public auction under the conditions described in this paragraph. (1) Notice under this paragraph must be given as follows. (a) Notice of the sale must be published once in each of 3 successive weeks in a newspaper with a general circulation in the town in which the time-share property is situated. The first publication must be not later than 30 days before the date of the sale, calculated by excluding the date of publication of the first notice and the date of sale. (b) A written notice of the time, date and place of the auction must be mailed to the last known address of the time-share owner of record by certified mail, return receipt requested, and by first class mail at least 30 days prior to the date of sale. The notice to the time-share owner must include the following language: "You are hereby notified that you have a right to petition the Superior Court or District Court for the county or district in which the time-share estate is located, with service on the foreclosing person, and upon such bond as the court may require, to enjoin the scheduled foreclosure sale." The notice of sale also must be sent by certified mail, return receipt requested, to all persons having a lien on the time-share estate at least 30 days prior to the date of the foreclosure sale. (c) The notice must contain: (i) The name of the time-share owner; (ii) The date, time and place of the foreclosure sale; (iii) A general description of the time-share estate; and (iv) The terms of the sale. If more than one time-share estate is to be included in the foreclosure sale, all such time-share estates may be combined into one notice of sale, with one property description, as described in division (d) or (e). (d) The notice of foreclosure for foreclosing on the lien of a time-share estate must be printed in substantially the following form: NOTICE OF SALE OF TIME-SHARE ESTATE OR ESTATES UNDER TITLE 33, SECTION 595 OF THE MAINE REVISED STATUTES ANNOTATED By virtue of the project instrument of the ........................(name and address of time-share property) and Title 33, section 594 establishing a lien for failure to pay assessments on the time-share estate (or estates, if more than one) held by the time-share owner (or owners, if more than one) listed below, the time-share estate (or estates, if more than one) will be sold at Public Auction commencing at ........ on .......... , 20.. at ............................, Maine. (For each time-share estate, list the name and address of the time-share owner, a general description of the time-share estate and the book and page number of the deed.) TERMS OF SALE: (State the deposit amount to be paid by the purchaser at the time and place of the sale and the times for payment of the balance or the whole, as the case may be. The time-share estates, if more than one, must be sold in individual lots unless there are no individual bidders, in which case they may be sold as a group.) Other terms to be announced at the sale. Signed......................... Lienholder or authorized agent. (e) For foreclosure of a mortgage lien containing a power of sale on a time-share estate, a notice of sale must be printed in substantially the following form: NOTICE OF SALE OF TIME-SHARE ESTATE OR ESTATES UNDER TITLE 33, SECTION 595 OF THE MAINE REVISED STATUTES ANNOTATED By virtue of Title 33, section 595 and in execution of the power of sale contained in a certain mortgage (or mortgages, if more than one) on the time-share estate (or estates, if more than one) given by the time-share owner (or owners, if more than one) set forth below for breach of the conditions of said mortgage (or mortgages, if more than one) and for the purpose of foreclosing, the same will be sold at Public Auction commencing at ..... on ........, 20.. at ......................, Maine, being all and singular the premises described in said mortgage (or mortgages, if more than one). (For each mortgage, list the name and address of the time-share owner, a general description of the time-share estate and the book and page number of the mortgage.) TERMS OF SALE: (State the deposit amount to be paid by the purchaser at the time and place of the sale and the times for payment of the balance or the whole, as the case may be. The time-share estates, if more than one, must be sold in individual lots unless there are no individual bidders, in which case they may be sold as a group.) Other terms to be announced at the sale. Signed ........................ Holder of Mortgage or authorized agent. (f) The notice of sale in the forms described in divisions (d) and (e), published in accordance with the provisions of this section, together with such other or further notice, if any, constitutes sufficient notice of the sale. (2) The foreclosure sale must be conducted pursuant to this subparagraph. (a) The foreclosure sale must take place on the time-share property or some other location within the same town as the time-share property. (b) The foreclosure sale must be by public auction, conducted by an auctioneer or attorney licensed to practice in the State. At the discretion of the auctioneer or attorney, the reading of the names of the time-share owners, if more than one, the description of time-share estates, if more than one, and the recording information, if more than one instrument, may be dispensed with. (c) All rights of redemption of the time-share owner are extinguished upon sale of a time-share estate. (d) The managing entity, the foreclosing person or any time-share owner may bid at the foreclosure sale. The successful buyer at the foreclosure sale takes title to the time-share estate free and clear of any outstanding assessments owed by the prior time-share owner to the managing entity. A purchaser at a sale is not required to complete the purchase if there are liens and encumbrances, other than those included in the notice of sale, that are not stated at the sale and included in the foreclosing person's contract with the purchaser. (e) Upon closing, the foreclosing person shall provide the buyer with a foreclosure deed or other appropriate instrument transferring the rights to the time-share estate and an affidavit attesting that all requirements of the foreclosure pursuant to this section have been met. The time-share estate is deemed to have been sold, and the instrument conveying the time-share estate must transfer the time-share estate, subject to municipal or other public taxes and to any liens and encumbrances recorded prior to the recording of the mortgage or the lien for assessments. (f) The buyer shall record the foreclosure deed or other instrument with the appropriate registry of deeds no more than 30 days after the foreclosure sale date. (g) Within 30 days after the closing and transfer of the foreclosure deed or other instrument and affidavit, the foreclosing person shall mail a notice detailing the results of the foreclosure sale to the last known address of the former time-share owner and all parties that held a junior interest to that of the foreclosing person. [PL 2007, c. 466, Pt. A, §55 (AMD).] [PL 2007, c. 466, Pt. A, §55 (AMD).]

2. Foreclosure of lien or security interest on time-share license. In the case of a time-share license, the following must be conducted by public or private sale in accordance with the provisions of Title 11, section 9‑1610 : A. The foreclosure of a lien on a time-share estate pursuant to section 594 for failure to pay assessments when due; or [PL 2005, c. 572, §2 (NEW).] B. The exercise of the rights of a holder of a security interest in a time-share license for breach of the terms of the instrument granting the security interest. [PL 2005, c. 572, §2 (NEW).] All rights of redemption of a time-share owner are extinguished upon the consummation of the sale proceedings. The managing entity, the foreclosing person or any time-share owner may bid at the sale or may enter into agreements for the purchase of one or more time-share licenses following the completion of sale proceedings. The successful buyer takes title to the time-share license free and clear of any outstanding assessments owed by the prior time-share owner to the managing entity. [PL 2005, c. 572, §2 (NEW).]

3. Foreclosure of mortgage not containing power of sale. In the event of a breach of the conditions of a mortgage on a time-share estate that does not contain a power of sale, the holder of the mortgage may conduct a nonjudicial foreclosure of the interest of the time-share owner in the time-share estate pursuant to subsection 1 if, at the same time the holder gives written notice of default to the time-share owner as provided in subsection 1, paragraph A, the holder also gives written notice to the time-share owner stating that unless the time-share owner objects in writing to the nonjudicial foreclosure within the 30-day period required by subsection 1, paragraph A , the holder will proceed to conduct the foreclosure pursuant to subsection 1 . The holder must explain in the notice that the time-share owner has the right to a judicial foreclosure conducted pursuant to Title 14, chapter 713 if the owner asserts the objection within the specified time period and must include with the notice an objection form together with an envelope addressed to the holder. Failure of a time-share owner to object as required by this subsection in a timely manner is deemed a waiver of the owner's right to a judicial foreclosure pursuant to Title 14, chapter 713 , which may include judicial foreclosure by way of court action. [PL 2005, c. 572, §2 (NEW).]

4. Forfeiture of deficiency claim. If the holder of the mortgage conducts a nonjudicial foreclosure pursuant to this section, the holder forfeits the holder's right to pursue a claim for any deficiency in the payment of the time-share owner's obligations resulting from the application of the proceeds of the sale to such obligations. If the holder of a security interest in a time-share license conducts a nonjudicial foreclosure pursuant to this section, the holder forfeits the holder's right to pursue a claim for any deficiency in the payment of the time-share owner's obligations resulting from the application of the proceeds of the sale to such obligations. [PL 2005, c. 572, §2 (NEW).]
33 M.R.S. § 1602-105 — ME Code / Title 33 / Chapter 31 / Section 1602-105
33 §1602-105. Contents of declaration
Status: reserved

(a) The declaration for a condominium contains:

(1) The name of the condominium, which includes the word "condominium" or be followed by the words "a condominium," and of the association; [PL 1981, c. 699 (NEW).]

(2) The name of every municipality and every county or registry district in which any part of the condominium is situated; [PL 1981, c. 699 (NEW).]

(3) A legally sufficient description of the real estate included in the condominium; [PL 1981, c. 699 (NEW).]

(4) A statement of the maximum number of units which the declarant reserves the right to create; [PL 1981, c. 699 (NEW).]

(5) A description of the boundaries of each unit created by the declaration, including the unit's identifying number; [PL 1981, c. 699 (NEW).]

(6) A description of any limited common elements, other than those specified in section 1602‑102 , paragraphs (2) and (4), as provided in section 1602‑109 , subsection (b), paragraph (10); [PL 1981, c. 699 (NEW).]

(7) A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in section 1602‑102 , paragraphs (2) and (4), together with a statement that they may be so allocated; [PL 1981, c. 699 (NEW).]

(8) A description of any development rights and other special declarant rights, section 1601‑103 , paragraph (25), reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised; [PL 1981, c. 699 (NEW).]

(9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with: (i) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and (ii) A statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate; [PL 1981, c. 699 (NEW).]

(10) Any other conditions or limitations under which the rights described in paragraph (8) may be exercised or will lapse; [PL 1981, c. 699 (NEW).]

(11) An allocation to each unit of the allocated interests in the manner described in section 1602‑107 ; [PL 1981, c. 699 (NEW).]

(12). Any restrictions on use, occupancy and alienation of the units; [PL 1981, c. 699 (NEW).]

(13). The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration; [PL 1981, c. 699 (NEW).]

(14). All matters required by sections 1602‑106 , 1602‑107 , 1602‑108 , 1602‑109 , 1602‑115 , 1602‑116 and 1603‑103 , subsection (d); and [PL 1981, c. 699 (NEW).]

(15). Reasonable provisions regarding the manner in which notice of matters affecting the condominium may be given to unit owners by the association. [PL 1981, c. 699 (NEW).]

(b) The declaration may contain any other matters the declarant deems appropriate. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 2118 — ME Code / Title 33 / Chapter 45 / Section 2118
33 §2118. Administrator's options as to custody
Status: in_force

1. Custody declined. The administrator may decline to take custody of property reported under section 2091 if the administrator determines that: A. The property has a value less than the estimated expenses of notice and sale of the property; or [PL 2019, c. 498, §22 (NEW).] B. Taking custody of the property would be unlawful. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Before presumed abandoned. A holder may pay or deliver property to the administrator before the property is presumed abandoned under this Act if the holder: A. Provides the apparent owner of the property notice required by section 2101 and provides the administrator evidence of the holder's compliance with this paragraph; [PL 2019, c. 498, §22 (NEW).] B. Includes with the payment or delivery a report regarding the property conforming to section 2092 ; and [PL 2019, c. 498, §22 (NEW).] C. First obtains the administrator's consent in a record to accept payment or delivery. The holder's request must be in writing. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

3. Presumed abandoned. On payment or delivery of property under subsection 2 , the property is presumed abandoned. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1658 — ME Code / Title 33 / Chapter 32 / Section 1658
33 §1658. Transfer by obligor
Status: in_force

1. Irrevocable transfer. Subject to subsections 2 and 3, a person not subject to section 1656 or 1657 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 1660 . [PL 1987, c. 734, §2 (NEW).]

2. Transfer to nominated custodian. If a person having the right to do so under section 1654 has nominated a custodian under that section to receive the custodial property, the transfer shall be paid to that person. [PL 1987, c. 734, §2 (NEW).]

3. Transfer in absence of custodian. If no custodian has been nominated under section 1654 , or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value. [PL 1987, c. 734, §2 (NEW).]
33 M.R.S. § 1583 — ME Code / Title 33 / Chapter 30 / Section 1583
33 §1583. Judicial actions
Status: in_force

1. Action or intervention. An owner of an interest in the real property burdened by a trail easement or a holder of the trail easement may bring or intervene in an action affecting the easement. [PL 1999, c. 371, §1 (NEW).]

2. Intervention only. The State or a political subdivision of the State in which the real property burdened by a trail easement is located may intervene in an action affecting the easement. [PL 1999, c. 371, §1 (NEW).]

3. Power of court. This chapter does not affect the power of a court to enforce a trail easement by injunction or proceeding in equity or to modify a trail easement in accordance with principles of law and equity. [PL 1999, c. 371, §1 (NEW).]
33 M.R.S. § 2182 — ME Code / Title 33 / Chapter 45 / Section 2182
33 §2182. Review of administrator's determination
Status: in_force

A putative holder may seek relief from a determination under section 2170 by: [PL 2019, c. 498, §22 (NEW).]

1. Administrative review. Administrative review under section 2183 ; or [PL 2019, c. 498, §22 (NEW).]

2. Judicial review. Judicial review under section 2184 . [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1058 — ME Code / Title 33 / Chapter 21 / Section 1058
33 §1058. Failure to give notice; penalty
Status: in_force

If the finder of lost money or goods of the value of $3 or more neglects to give notice to the town clerk and to cause the lost money or goods to be advertised as provided under section 1051 , the finder forfeits to the owner the full value of the lost money or goods unless the finder delivers or accounts for the lost money or goods to the owner, in which case the finder must forfeit not more than $20, 1/2 to the town and 1/2 to the prosecutor. [PL 2019, c. 437, §12 (AMD).]
33 M.R.S. § 2191 — ME Code / Title 33 / Chapter 45 / Section 2191
33 §2191. Judicial action to enforce liability
Status: in_force

1. Enforcement of determination. If a determination under section 2170 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the Superior Court of Kennebec County or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid or undeliverable property. The action must be brought not later than 5 years after the determination becomes final. [PL 2019, c. 498, §22 (NEW).]

2. Court having jurisdiction. In an action under subsection 1 , if no court in this State has jurisdiction over the defendant, the administrator may commence an action in any court having jurisdiction over the defendant. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1669 — ME Code / Title 33 / Chapter 32 / Section 1669
33 §1669. Renunciation, resignation, death or removal of custodian; designation of successor custodian
Status: in_force

1. Disclaimer; nomination of substitute custodian. A person nominated under section 1654 or designated under section 1660 as custodian may decline to serve by delivering a valid disclaimer, under Title 18‑C, Article 2, Part 9 , to the person who made the nomination to or the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated under section 1654, the person who made the nomination may nominate a substitute custodian under section 1654; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under section 1660, subsection 1 . The custodian so designated has the rights of a successor custodian. [PL 2017, c. 402, Pt. C, §91 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Instrument of designation. A custodian at any time may designate a trust company or an adult other than a transferor under section 1655 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed. [PL 1987, c. 734, §2 (NEW).]

3. Notice of resignation. A custodian may resign at any time by delivering written notice of resignation to the minor, if the minor has attained 14 years of age, and to the successor custodian and by delivering the custodial property to the successor custodian. [PL 1987, c. 734, §2 (NEW).]

4. Failure to designate successor. If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor has attained 14 years of age, the minor may designate as successor custodian, in the manner prescribed in subsection 2 , an adult member of the minor's family, a conservator of the minor or a trust company. If the minor has not attained 14 years of age or fails to act within 60 days after the ineligibility, death or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family or any other interested person may petition the court to designate a successor custodian. [PL 1987, c. 734, §2 (NEW).]

5. Control of property and records. A custodian who declines to serve under subsection 1 or resigns under subsection 3 or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. [PL 1987, c. 734, §2 (NEW).]

6. Removal of custodian. A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor or the minor, if the minor has attained 14 years of age, may petition the court to remove the custodian for cause and to designate a successor custodian, other than a transferor under section 1655 , or to require the custodian to give appropriate bond. [PL 1999, c. 790, Pt. A, §40 (AMD).]
33 M.R.S. § 1603-111 — ME Code / Title 33 / Chapter 31 / Section 1603-111
33 §1603-111. Tort and contract liability
Status: in_force

Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association shall be brought against the association and not against any unit owner. [PL 1981, c. 699 (NEW).]

If the wrong accrued during any period of declarant control, and if the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (1) For all tort losses not covered by insurance suffered by the association or that unit owner; and (2) for all costs which the association would not have incurred but for the breach of contract or other wrongful act or omission. In any case where the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorneys' fees, incurred by the association. During any period in which the control of the declarant is limited to the power to approve actions of the association or executive board, as provided in section 1603‑103 , subsection (d), the declarant shall be liable under this section only for losses caused by the exercise of declarant's right of disapproval. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 1603‑117 , other liens affecting the condominium. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1584 — ME Code / Title 33 / Chapter 30 / Section 1584
33 §1584. Validity
Status: in_force

A trail easement is valid and enforceable even if: [PL 1999, c. 371, §1 (NEW).]

1. Not appurtenant to interest in real property. It is not appurtenant to or does not run with an interest in real property; [PL 1999, c. 371, §1 (NEW).]

2. Assigned to another holder. It can be or has been assigned to another holder; [PL 1999, c. 371, §1 (NEW).]

3. Not recognized at common law. It is not of a character that has been recognized traditionally at common law; [PL 1999, c. 371, §1 (NEW).]

4. Negative burden. It imposes a negative burden; [PL 1999, c. 371, §1 (NEW).]

5. Affirmative obligations. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; [PL 1999, c. 371, §1 (NEW).]

6. Benefit does not touch or concern real property. The benefit does not touch or concern real property; [PL 1999, c. 371, §1 (NEW).]

7. No privity of estate or of contract. There is no privity of estate or of contract; or [PL 1999, c. 371, §1 (NEW).]

8. Does not run to successors or assigns. It does not run to the successors or assigns of the holder. [PL 1999, c. 371, §1 (NEW).]
33 M.R.S. § 1670 — ME Code / Title 33 / Chapter 32 / Section 1670
33 §1670. Accounting by and determination of liability of custodian
Status: in_force

1. Petition for accounting. A minor who has attained 14 years of age, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court for an accounting by the custodian or the custodian's legal representative; or for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 1668 to which the minor or the minor's legal representative was a party. [PL 1987, c. 734, §2 (NEW).]

2. Accounting by predecessor custodian. A successor custodian may petition the court for an accounting by the predecessor custodian. [PL 1987, c. 734, §2 (NEW).]

3. Court proceeding. The court, in a proceeding under this Act or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. [PL 1987, c. 734, §2 (NEW).]

4. Court to require accounting of removed custodian. If a custodian is removed under section 1669, subsection 1 , the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. [PL 1987, c. 734, §2 (NEW).]

5. Accounting required at termination. Prior to the termination of the custodian's responsibilities, the custodian shall account to the court and the minor. [PL 1991, c. 641, §5 (NEW).]
33 M.R.S. § 504 — ME Code / Title 33 / Chapter 9 / Section 504
33 §504. Interest on residential mortgage escrow accounts
Status: in_force

1. Loan provisions required. A mortgage deed resulting from a mortgage loan must contain provisions for payment of interest on the escrow balance in accordance with Title 9‑B, section 429 if: A. The mortgage is on owner-occupied residential property of not more than 4 units; and [PL 1991, c. 118, §1 (NEW).] B. The loan or note requires payments into a mandatory escrow account. [PL 1991, c. 118, §1 (NEW).] [PL 1991, c. 118, §1 (NEW).]

2. Applicability. The requirements of this section apply to any residential mortgage deed dated on or after January 1, 1992. [PL 1991, c. 118, §1 (NEW).]
33 M.R.S. § 506 — ME Code / Title 33 / Chapter 9 / Section 506
33 §506. Undocumented mortgage agreements
Status: in_force

In a residential mortgage loan closing, a buyer, seller or settlement agent may not knowingly be a party to a financial or other arrangement not reflected in the loan settlement statement if the effect of that arrangement is to substantially overstate the contract sales price. Any violation of this section constitutes a violation of the Maine Unfair Trade Practices Act. [PL 2005, c. 161, §1 (NEW).] Revisor's Note: §506. Disclosure regarding private mortgage insurance (As enacted by PL 2005, c. 211, §1 is REALLOCATED TO TITLE 33, SECTION 507)
33 M.R.S. § 1206 — ME Code / Title 33 / Chapter 25 / Section 1206
33 §1206. Filing and notice of failure to file
Status: in_force

1. Filing of registration. The registration must be filed with the Coastal Island Registry on or before December 31, 1975. Any filing of a registration before January 1, 1975 with the Coastal Island Registry in accordance with the law in effect at the date of such filing shall be considered a valid filing for the purposes of section 1205 and this section. [PL 1975, c. 509, §5 (NEW).]

2. Notice of failure to file. Notice of failure to file registration shall be mailed to every true owner, whose identity may reasonably be ascertained, at his last known address, after December 31, 1975. [PL 1975, c. 509, §5 (NEW).]

3. Publication of notice. Notice shall be published setting forth all those coastal islands which remain unregistered, in the state paper and in 2 newspapers of general circulation within the State, once a week for 3 consecutive weeks in February, 1976. [PL 1975, c. 509, §5 (NEW).]

4. Notice posted in registry of deeds. A copy of this notice shall be posted in each registry of deeds of each county and shall be published in each coastal county in a newspaper whose principal office is located in that county once a week for 3 consecutive weeks in February, 1976. [PL 1975, c. 509, §5 (NEW).]
33 M.R.S. § 951 — ME Code / Title 33 / Chapter 17 / Section 951
33 §951. Joinder or severance; notice
Status: in_force

All or any of the tenants in common or joint tenants of lands may join or sever in personal actions for injuries done thereto, setting forth in the complaint the names of all other cotenants, if known, and the court may order notice to be given in such actions to all other cotenants known, and all or any of them at any time before final judgment may become plaintiffs in the action, and prosecute the action for the benefit of all concerned.
33 M.R.S. § 2091 — ME Code / Title 33 / Chapter 45 / Section 2091
33 §2091. Report required by holder
Status: in_force

1. Report by holder. A holder of property presumed abandoned and subject to the custody of the administrator shall report in a record to the administrator concerning the property in a format approved by the administrator. [PL 2019, c. 498, §22 (NEW).]

2. Contract with 3rd party. A holder may contract with a 3rd party to make the report required under subsection 1 . [PL 2019, c. 498, §22 (NEW).]

3. Responsibilities of holder. Whether or not a holder contracts with a 3rd party under subsection 2 , the holder is responsible: A. To the administrator for the complete, accurate and timely reporting of property presumed abandoned; and [PL 2019, c. 498, §22 (NEW).] B. For paying or delivering to the administrator property described in the report. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 466 — ME Code / Title 33 / Chapter 7 / Section 466
33 §466. -- State and municipal owned roads
Status: in_force

This subchapter shall not apply to any road or way, title to which is owned by the State or any municipality or other governmental body. [PL 1973, c. 505 (NEW).]
33 M.R.S. § 117 — ME Code / Title 33 / Chapter 5-A / Section 117
33 §117. Application of provisions
Status: in_force

This chapter applies to both legal and equitable interests. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
33 M.R.S. § 1551 — ME Code / Title 33 / Chapter 29 / Section 1551
33 §1551. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 389 (NEW).]

1. Historic property. "Historic property" shall mean a structure, a plot of land which was the setting of an event or any combination of land and buildings, including the surrounding air space, which has a special historical, architectural or archaeological interest or value, and which is predominantly in its original, historical or natural conditions. [PL 1979, c. 389 (NEW).]

1-A. Owner. "Owner" means any person, corporation, partnership, organization or other legal entity, including a municipality, county or other political subdivision of the State, an agency of the Federal Government and any quasi-governmental entity, which owns or controls historic property. [PL 1989, c. 171, §3 (NEW).]

2. Preservation agreement. "Preservation agreement" shall mean any deed, will or other instrument executed by or on behalf of the owner of historic property, or an order of taking, which includes within it the terms of a preservation interest. [PL 1979, c. 389 (NEW).]

3. Preservation interest. "Preservation interest" shall mean a right created by a preservation agreement which may be in the form of a restriction, easement, covenant or condition which is held by a qualified holder and which pertains to preserving or restoring historic property. [PL 1979, c. 389 (NEW).]

4. Qualified holder. "Qualified holder" shall mean a nonprofit preservation or historical organization whose purposes include preservation of historic property or a governmental body. The holder shall have the power to acquire interests in property. [PL 1979, c. 389 (NEW).]
33 M.R.S. § 851-A — ME Code / Title 33 / Chapter 15 / Section 851-A
33 §851-A. Conveyances to or from trusts without naming trustee
Status: in_force

1. Conveyance to a trust. In any conveyance of real property or any interest in real property in this State, if the grantee or one or more of the grantees is named as a trust, whether the trust is created under the laws of this State or of any other jurisdiction, and no trustee of that trust is named as a grantee, then the conveyance is deemed to have been made to all of the trustees of the trust in their capacity as trustees of the trust, as though they had been named as grantees instead of the trust. [PL 1995, c. 523, §1 (NEW).]

2. Conveyance from a trust. In any conveyance of real property or any interest in real property in this State, if the grantor or one or more of the grantors is named as a trust, whether the trust is created under the laws of this State or of any other jurisdiction, and no trustee of that trust is named as a grantor, then the conveyance is deemed to have been made by all of the trustees of the trust who signed the instrument of conveyance as trustees of the trust, as though they had been named as grantors instead of the trust. [PL 1995, c. 523, §1 (NEW).]

3. Preservation of claim. Any person who claims title to any real property or any interest in real property in this State by virtue of the failure of an instrument of conveyance delivered before the effective date of this section to name as grantor or as grantee any trustee of a trust may preserve that claim by recording a notice, within 2 years from the effective date of this section, in the registry of deeds where the instrument of conveyance is recorded. In order for the notice to be effective, it must contain the name and mailing address of the claimant, the names of the parties to the instrument of conveyance that is claimed to be defective, the book and page numbers where the instrument of conveyance is recorded and a statement of the purported defect on which the claim is based. The notice described in this subsection may be presented for recording by the claimant or by any other person acting on behalf of a claimant who is under a disability or is unable to assert a claim on the claimant's own behalf, but a disability or lack of knowledge of any kind does not suspend or extend the period for the recording of the notice. [PL 1995, c. 523, §1 (NEW).]

4. Register's duties. The register of deeds shall enter upon the margin of the recorded instrument, described in a notice recorded as provided in subsection 3 , the book and page numbers where the notice is recorded. [PL 1995, c. 523, §1 (NEW).]

5. Application. This section does not apply to any trust that, as determined by the laws of its situs, is an entity capable of holding and conveying title in its own name. [PL 1995, c. 523, §1 (NEW).]

6. Construction. Nothing contained in this section may be construed to recognize trusts created under the laws of this State as entities capable of holding or conveying title to real property in their own names. This section applies to conveyances made before, on or after the effective date of this section, but nothing contained in this section may be construed to suggest or require that any instrument delivered before the effective date of this section is invalid. Nothing contained in this section may be construed to extend the period for the commencement of an action or for the performance of any other required act under any statute of limitations. [PL 1995, c. 523, §1 (NEW).]