33 M.R.S. § 201 — ME Code / Title 33 / Chapter 7 / Section 201
33 §201. Priority of recording
Status: in_force

No conveyance of an estate in fee simple, fee tail or for life, or lease for more than 2 years or for an indefinite term is effectual against any person except the grantor, his heirs and devisees, and persons having actual notice thereof unless the deed or lease is acknowledged and recorded in the registry of deeds within the county where the land lies, and if the land is in 2 or more counties then the deed or lease shall be recorded in the registry of deeds of each of such counties, and in counties where there are 2 or more registry districts then the deed or lease shall be recorded in the district legal for such record. Conveyances of the right, title or interest of the grantor, if duly recorded, shall be as effectual against prior unrecorded conveyances, as if they purported to convey an actual title. All recorded deeds, leases or other written instruments regarding real estate take precedence over unrecorded attachments and seizures.

A memorandum of lease of real estate may be recorded, and if so recorded, the lease shall be considered recorded for all purposes. Said memorandum shall be executed and acknowledged by one of the lessors, name all the parties to the lease, contain an intelligible description of the property leased, state the date and the term of the lease, describe any provisions related to renewals or extensions, describe any provisions relating to options to purchase or the transfer of title, but need not describe any provisions relating to rent. The recording of said memorandum shall constitute notice of all terms of the lease including all provisions relating to rental, price, considerations and default, as effectively as if said lease had been recorded in full. Nothing herein contained shall be deemed to affect the validity of the recording of an abstract, memorandum or statement of lease prior to September 21, 1963, but any such abstract, memorandum or statement of lease recorded prior to September 21, 1963, shall be deemed to meet the requirements of a memorandum of lease made and recorded hereunder if it reasonably describes the parties to the lease and contains a reasonable description of the leased property.
33 M.R.S. § 1702 — ME Code / Title 33 / Chapter 33 / Section 1702
33 §1702. Notice of sale; disposal of proceeds
Status: in_force

Any company existing by virtue of the laws of this State holding any such articles or merchandise shall give, before selling the same, 30 days' notice of the time and place of sale in 4 public newspapers, one published at Portland, in the County of Cumberland; one published at Augusta, in the County of Kennebec; one published at Lewiston, in the County of Androscoggin; and one published at Bangor, in the County of Penobscot. The notices shall contain a brief description and list of all such property and shall describe such marks thereon as may serve to identify them, together with the name of the consignee and the place to which the articles were billed. Any company not existing by virtue of the laws of this State and having no office or president, treasurer, clerk or general superintendent within this State, but doing business within this State, before selling any such articles or merchandise, shall give 30 days' notice of the time and place of sale, by publishing notice in some public newspaper, printed in the county where such merchandise is so held, 3 weeks successively, the last publication to be at least 7 days before the day appointed for the sale. If no newspaper is published in the county where such articles or merchandise are so held, such notice shall be published in some newspaper in an adjoining county. Such articles or merchandise shall be sold at the place where held. The proceeds of all goods so sold, after deducting the costs of transportation, storage, advertising and sale, shall be placed to the credit of the owner in the books of the company making the sale and shall be paid to him on demand. The company shall not be liable to the owner of the property for any greater sum than so received from the sale. [PL 1987, c. 490, §1 (NEW).]
33 M.R.S. § 701 — ME Code / Title 33 / Chapter 11 / Section 701
33 §701. Office in shire town
Status: in_force

The register of deeds in each county in which there is but one register shall keep his office in the shire town.
33 M.R.S. § 2054 — ME Code / Title 33 / Chapter 45 / Section 2054
33 §2054. Rulemaking
Status: in_force

The administrator may adopt rules to implement and administer this Act. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . In addition, the Supreme Judicial Court may adopt rules for the provisions of this Act relating to lawyer's trust accounts. [PL 2019, c. 571, §4 (AMD).]
33 M.R.S. § 1602-102 — ME Code / Title 33 / Chapter 31 / Section 1602-102
33 §1602-102. Unit boundaries
Status: in_force

Except as provided by the declaration: [PL 1981, c. 699 (NEW).]

(1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereon are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements. [PL 1981, c. 699 (NEW).]

(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements. [PL 1981, c. 699 (NEW).]

(3) Subject to the provisions of paragraph (2), all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit. [PL 1981, c. 699 (NEW).]

(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 4 — ME Code / Title 33 / Chapter 1 / Section 4
33 §4. -- enforcement of decree
Status: in_force

If the defendant neglects or refuses to convey according to the decree, the court may render judgment for the plaintiff for possession of the land, to hold according to the terms of the intended conveyance, and may issue a writ of seizin as in a real action, under which the plaintiff, having obtained possession, shall hold the premises as effectually as if conveyed in pursuance of the decree; or the court may enforce its decree by any other process.
33 M.R.S. § 564 — ME Code / Title 33 / Chapter 10 / Section 564
33 §564. Ownership of units
Status: in_force

Each unit owner shall be entitled to the exclusive ownership and possession of his unit. [PL 1965, c. 357 (NEW).]
33 M.R.S. § 2086 — ME Code / Title 33 / Chapter 45 / Section 2086
33 §2086. Traveler's check, money order or similar instrument
Status: in_force

The administrator may take custody of sums payable on a traveler's check, money order or similar instrument presumed abandoned to the extent permissible under 12 United States Code, Sections 2501 to 2503, as amended. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 572 — ME Code / Title 33 / Chapter 10 / Section 572
33 §572. Mortgage and liens affecting a unit at time of first conveyance
Status: in_force

At the time of the first conveyance of each unit, every mortgage and other lien affecting such unit, including the percentage of undivided interest of the unit in the common areas and facilities, shall be paid and satisfied of record, or the apartment being conveyed and its percentage of undivided interest in the common areas and facilities shall be released therefrom by partial release duly recorded. [PL 1965, c. 357 (NEW).]
33 M.R.S. § 1656 — ME Code / Title 33 / Chapter 32 / Section 1656
33 §1656. Transfer authorized by will or trust
Status: in_force

1. Authorized transfer. A personal representative or trustee may make an irrevocable transfer pursuant to section 1660 to a custodian for the benefit of a minor as authorized in the governing will or trust. [PL 1987, c. 734, §2 (NEW).]

2. Authorized custodian. If the testator or settlor has nominated a custodian under section 1654 to receive the custodial property, the transfer shall be made to that person. [PL 1987, c. 734, §2 (NEW).]

3. Designate a custodian. If the testator or settlor has not nominated a custodian under section 1654 , or all persons nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 1660, subsection 1 . [PL 1987, c. 734, §2 (NEW).]
33 M.R.S. § 353-A — ME Code / Title 33 / Chapter 7 / Section 353-A
33 §353-A. Miscellaneous defects
Status: in_force

1. Omission of consideration; failure to seal. A deed or other instrument, including a power of attorney, whenever made for the conveyance of real property, or any interest in real property, in this State and otherwise valid, except that the deed or instrument does not state any consideration for the real property or was not sealed by the grantors, is valid. [PL 2017, c. 196, §2 (AMD).]

2. Discharge or assignment of mortgage. A duly recorded satisfaction piece or instrument made and recorded for at least 2 years in the registry of deeds of the county or district in which the real property is located with the intent to cancel and discharge or assign a mortgage of real estate, fully identifying the mortgage intended to be canceled and discharged or assigned, but not drawn in accordance with statutory requirements is considered valid. [PL 2017, c. 196, §2 (AMD).]

3. Corporations and other entities organized or attempted to be organized; validation of deeds and other instruments. A corporation or other legal entity organized or attempted to be organized under the laws of this State for more than 20 years and not yet declared to be invalid is for all intents and purposes a lawful corporation or other legal entity as applicable. The deeds or other instruments of the corporation or other legal entity, given in its corporate or other legal entity name, that affect or convey real estate or any interest in real estate and that have been recorded for at least 2 years in the registry of deeds in the county where the real estate is located may not be held invalid by reason of: A. The lack of authority for or informality in their execution or delivery if executed or delivered in good faith by the acting officers or other authorized officials or members of the corporation or other legal entity as applicable; [PL 2017, c. 196, §2 (AMD).] B. The failure to disclose the corporation's or other legal entity's authority for the conveyance of real estate; [PL 2017, c. 196, §2 (AMD).] C. The failure to bear the seal of the corporation or other legal entity; [PL 2017, c. 196, §2 (AMD).] D. A person executing or acknowledging a deed or instrument in that person's individual capacity; [PL 1995, c. 304, §2 (NEW).] E. The failure to disclose the official capacity of the person executing the deed or instrument; or [PL 1995, c. 304, §2 (NEW).] F. The failure of the duly authorized officer to sign the deed or instrument. [PL 2017, c. 196, §2 (AMD).] [PL 2017, c. 196, §2 (AMD).]

4. Omission of authorization for conveyance of real estate. A deed or other instrument for the conveyance of real property, or any interest in the real property executed by a person or persons purporting to act as the agent or attorney of the grantors or their spouses, that has been recorded for at least 20 years in the registry of deeds of the county or district in which the real property is located is valid even if no power of attorney authorizing and empowering an agent or attorney to make the conveyance or execute and deliver the deed or instrument appears of record, but the real property has in the meantime been occupied, claimed or treated by the grantees or their heirs, successors or assigns as their own property. [PL 2017, c. 196, §2 (AMD).]

5. Discharge of mortgage. An instrument that has been recorded or written on the record in the registry of deeds of the county or district in which the real property is located for at least 20 years that is signed or executed by a person or persons purporting to act as the agent or attorney of a mortgagee of real estate and purporting to discharge the mortgage is valid even if no power of attorney authorizing an agent or attorney appears of record. [PL 2017, c. 196, §2 (AMD).]

6. Failure to secure bond or comply with licensing. In all cases in which an executor, administrator, personal representative, guardian, conservator, trustee, master, receiver or similar officer has been authorized or ordered by a court of probate or other court to distribute, sell or exchange real estate and has distributed, sold or exchanged the real estate, or any interest in the real estate, in accordance with the authority, without first having filed a bond covering the faithful administration and distribution of the estate when a bond was required by law or has failed to comply with any other prerequisite for the issuance of the license authorizing the distribution, sale or exchange and has given a deed to the distributee or purchaser of the real estate or to the person with whom an exchange was authorized or ordered or when the executor, administrator, personal representative, guardian, conservator, trustee, master, receiver or other officer appointed has acted in that capacity under a decree of any court appointing that person to the office, but the decree of appointment erroneously or inadvertently excused the person from giving bond in that capacity when a bond was required by law and was not in fact given, the deeds and acts previously done are valid. [PL 2017, c. 196, §2 (AMD).]

7. Foreclosure by publication. In all cases of foreclosure of real estate mortgages by publication, a certificate of the publication of foreclosure made by the mortgagee or by an officer, member, partner or other authorized representative of the mortgagee, if the mortgagee is a corporation or other legal entity, or made by an officer or employee of the newspaper that published the notice recorded in the registry of deeds of the county or district in which the real property is located is prima facie evidence of the publication of foreclosure to the same extent as if the certificate had in fact been made by the register of deeds and recorded; certificates made by the mortgagee or by an officer, member, partner or other authorized representative of the mortgagee, if the mortgagee is a corporation or other legal entity, or made by an officer or employee of the newspaper that published the notice recorded in the registry of deeds of the county or district in which the real property is located have the same force and effect as if made by the register of deeds and are valid. [PL 2017, c. 196, §2 (AMD).]

8. Foreclosure by civil action. All foreclosures commenced on or after October 1, 1975 of real estate mortgages executed on or prior to October 1, 1975 using the method of foreclosure set forth in Title 14, sections 6321 to 6324 for which the period of redemption allowed was not less than one year and that would be valid but for the date of execution of the mortgage are valid and effective according to their terms. [PL 1995, c. 304, §2 (NEW).]

9. Abstracts of divorce decrees. An abstract of a divorce decree recorded in any registry of deeds on or after August 20, 1955 and otherwise valid that failed to state the residence of any party to the divorce action is valid and has the force and effect of a quitclaim deed releasing all interest in the real estate described in the decree or abstract. [PL 2017, c. 196, §2 (AMD).]
33 M.R.S. § 1604-101 — ME Code / Title 33 / Chapter 31 / Section 1604-101
33 §1604-101. Applicability; waiver
Status: in_force

(a) This article applies to all units subject to this Act, except as provided in subsection (b) or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use. [PL 1981, c. 699 (NEW).]

(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of:

(1) A gratuitous disposition of a unit; [PL 1981, c. 699 (NEW).]

(2) A disposition pursuant to court order; [PL 1981, c. 699 (NEW).]

(3) A disposition by a government or governmental agency; [PL 1981, c. 699 (NEW).]

(4) A disposition by foreclosure or deed in lieu of foreclosure; [PL 1981, c. 699 (NEW).]

(5) A disposition to a person in the business of selling real estate who intends to offer those units to purchasers; or [PL 1981, c. 699 (NEW).]

(6) A disposition which may be cancelled at any time and for any reason by the purchaser without penalty. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 454 — ME Code / Title 33 / Chapter 7 / Section 454
33 §454. Church pews
Status: in_force

Pews and rights in houses of public worship are real estate. Deeds of them, and levies by execution upon them may be recorded by the clerk of the town where the houses are situated, with the same effect as if recorded in the registry of deeds.
33 M.R.S. § 651-B — ME Code / Title 33 / Chapter 11 / Section 651-B
33 §651-B. Privacy protection
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Personal information" means an individual's first name or first initial and last name in combination with any one or more of the data elements described in this paragraph: (1) Social security number; (2) Driver's license number or state identification card number; (3) Account number, credit card number or debit card number if circumstances exist such that the number could be used without additional identifying information, access codes or passwords; (4) Account passwords or personal identification numbers or other access codes; or (5) Any of the data elements contained in subparagraphs (1) to (4) when not in connection with the individual's first name, or first initial, and last name if the information included would be sufficient to permit a person to fraudulently assume or attempt to assume the identity of the person whose information was included. [PL 2007, c. 626, §1 (NEW).] [PL 2007, c. 626, §1 (NEW).]

2. Personal information on registry's website. If a document that includes an individual's personal information is recorded with a register of deeds and is available on the registry's publicly accessible website, the individual may request that the register of deeds redact that personal information from the record available on the website. The register shall establish a procedure by which individuals make such requests at no fee to the requesting individual. The register shall comply with an individual's request to redact personal information. [PL 2007, c. 626, §1 (NEW).]
33 M.R.S. § 1603-116 — ME Code / Title 33 / Chapter 31 / Section 1603-116
33 §1603-116. Lien for assessments
Status: in_force

(a) The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise provides, fees, charges, late charges, fines and interest charged pursuant to section 1603‑102 , subsection (a), paragraphs (10), (11) and (12) are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. [PL 1981, c. 699 (NEW).]

(b) A lien under this section is prior to all other liens and encumbrances on a unit except: (1) Liens and encumbrances recorded before the recordation of the declaration; (2) A first mortgage recorded before or after the date on which the assessment sought to be enforced becomes delinquent; and (3) Liens for real estate taxes and other governmental assessments or charges against the unit. This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. The lien under this section is not subject to the provisions of Title 14, section 4651 and Title 18‑C, Article 2 , as they or their equivalents may be amended or modified from time to time. [PL 2017, c. 402, Pt. C, §90 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

(c) Unless the declaration otherwise provides, if 2 or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority. [PL 1981, c. 699 (NEW).]

(d) Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required. [PL 1981, c. 699 (NEW).]

(e) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 6 years after the full amount of the assessments becomes due. [PL 2019, c. 3, §1 (AMD).]

(f) This section does not prohibit actions to recover sums for which subsection (a) creates a lien, or to prohibit an association from taking a deed in lieu of foreclosure. [PL 1981, c. 699 (NEW).]

(g) A judgment or decree in any action or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party. [PL 1981, c. 699 (NEW).]

(h) The association shall furnish to a unit owner upon written request a recordable statement setting forth the amount of unpaid assessments currently levied against his unit. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit owner. [PL 1981, c. 699 (NEW).]

(i) (REALLOCATED FROM T. 33, §1603-116, sub-§(j)) Assessments for common expenses accrue, free from the lien of a foreclosing first mortgagee, from and after the date of sale of a condominium unit pursuant to Title 14, section 6323 . [RR 2011, c. 1, §47 (RAL).]

(j) (Subsection (j) as enacted by PL 2011, c. 368, §7 is REALLOCATED TO TITLE 33, SECTION 1603‑116, SUBSECTION (i)) [RR 2011, c. 1, §47 (RAL).]
33 M.R.S. § 178 — ME Code / Title 33 / Chapter 7 / Section 178
33 §178. Effect on other statutes or common law
Status: in_force

This subchapter is not intended to limit or modify any obligation to disclose created by any other statute or that may exist in common law in order to avoid fraud, misrepresentation or deceit in the transaction. [PL 1999, c. 476, §1 (NEW).]
33 M.R.S. § 528 — ME Code / Title 33 / Chapter 9 / Section 528
33 §528. Privacy duties of settlement agents
Status: in_force

A settlement agent shall comply with the provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of Federal Regulations, Part 40 (2001); the Board of Governors of the Federal Reserve System, 12 Code of Federal Regulations, Part 216 (2001); the Federal Deposit Insurance Corporation, 12 Code of Federal Regulations, Part 332 (2001); the Office of Thrift Supervision, 12 Code of Federal Regulations, Part 573 (2001); the National Credit Union Administration, 12 Code of Federal Regulations, Part 716 (2001); the Federal Trade Commission, 16 Code of Federal Regulations, Part 313 (2001); or the Securities and Exchange Commission, 17 Code of Federal Regulations, Part 248 (2001), if the settlement agent is a financial institution as defined in those regulations. This section is not intended to permit the release of health care information except as permitted by Title 22, section 1711‑C or Title 24‑A, chapter 24 . [PL 2001, c. 262, Pt. E, §5 (NEW).]
33 M.R.S. § 1603-109 — ME Code / Title 33 / Chapter 31 / Section 1603-109
33 §1603-109. Quorums
Status: in_force

(a) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast 20% of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. The bylaws may require a larger percentage or a smaller percentage not less than 10%. [PL 1981, c. 699 (NEW).]

(b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50% of the votes on that board are present at the beginning of the meeting. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 774 — ME Code / Title 33 / Chapter 12 / Section 774
33 §774. Seals not required
Status: in_force

All deeds and other instruments, including powers of attorney, for the conveyances of real property in this State or any interest therein, and otherwise valid except that the same omitted to state any consideration therefor or that the same were not sealed by the grantors or any of them, shall be valid. [PL 1969, c. 344, §2 (RPR).]
33 M.R.S. § 589-C — ME Code / Title 33 / Chapter 10 / Section 589-C
33 §589-C. Violation
Status: in_force

1. Violation. Any violation of this subchapter is a violation of Title 5, chapter 10 . [PL 2013, c. 424, Pt. F, §1 (AMD).]

2. Intentional violation. Any intentional violation of this subchapter is a Class E crime. [RR 1993, c. 1, §102 (COR).]

3. Subsequent violations. Any violation of this subchapter constitutes a civil violation for which a forfeiture not to exceed $100 may be adjudged in the case of a first violation and a forfeiture not to exceed $500 may be adjudged in the case of 2nd and subsequent violations. [RR 1993, c. 1, §102 (COR).]
33 M.R.S. § 118 — ME Code / Title 33 / Chapter 5-A / Section 118
33 §118. Supersession
Status: in_force

This chapter supersedes the rule of the common law known as the rule against perpetuities and it replaces chapter 5 . [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
33 M.R.S. § 1603-112 — ME Code / Title 33 / Chapter 31 / Section 1603-112
33 §1603-112. Alienation of common elements
Status: in_force

(a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least 80% of the votes in the association, including 80% of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; provided that all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association. [PL 1981, c. 699 (NEW).]

(b) An agreement to convey common elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of the condominium is situated and is effective only upon recordation. [PL 1981, c. 699 (NEW).]

(c) The association, on behalf of the unit owners, may contract to sell real estate in the condominium or subject real estate to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instrument. [PL 1981, c. 699 (NEW).]

(d) Any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of common elements, unless made in accordance with this section or in accordance with section 1603‑117 , subsection (b), is void. [PL 1981, c. 699 (NEW).]

(e) Any vote to sell, transfer or encumber common elements under this section may include a release of that real estate from any or all restrictions imposed on that real estate by the declaration or this Act, but may not deprive any unit of its rights of access and support. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 151-A — ME Code / Title 33 / Chapter 7 / Section 151-A
33 §151-A. Definitions
Status: in_force

As used in this chapter: [PL 1969, c. 433, §94 (NEW).]

1. Minor. "Minor" means any person who has not attained the age of 18 years. [PL 1971, c. 598, §84 (AMD).]
33 M.R.S. § 2167 — ME Code / Title 33 / Chapter 45 / Section 2167
33 §2167. Report to person whose records were examined
Status: in_force

At the conclusion of an examination under section 2162 , upon request, the administrator shall provide to the person whose records were examined a report that specifies: [PL 2019, c. 498, §22 (NEW).]

1. Work performed. The work performed; [PL 2019, c. 498, §22 (NEW).]

2. Property types. The property types reviewed; [PL 2019, c. 498, §22 (NEW).]

3. Methodology. The methodology of any estimation technique, extrapolation or statistical sampling used in conducting the examination; [PL 2019, c. 498, §22 (NEW).]

4. Calculation. Each calculation showing the value of property determined to be due; and [PL 2019, c. 498, §22 (NEW).]

5. Findings. The findings of the person conducting the examination. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 902 — ME Code / Title 33 / Chapter 17 / Section 902
33 §902. -- retroactive effect
Status: in_force

Section 901 shall not apply to any such transfer made prior to August 20, 1951, unless the persons in whose names said securities have been issued or are held, file with the corporation issuing such securities or with its transfer agent or registrar an agreement indicating their intention that section 901 shall apply.
33 M.R.S. § 455 — ME Code / Title 33 / Chapter 7 / Section 455
33 §455. Agreements to treat building as personal property
Status: in_force

No agreement, that a building erected with the consent of the landowner by one not the owner of the land upon which it is erected shall be and remain personal property, shall be effectual against any person, except the owner of such land, his heirs, devisees and persons having actual notice thereof, unless such agreement is in writing and signed by such landowner or by someone duly authorized for that purpose, and acknowledged and recorded as deeds are required to be acknowledged and recorded under this chapter. This section shall not apply to agreements entered into prior to the 28th day of April, 1903, and then outstanding.
33 M.R.S. § 125 — ME Code / Title 33 / Chapter 6 / Section 125
33 §125. Validity
Status: in_force

An affordable housing covenant is valid and enforceable even when any of the following apply. [PL 1991, c. 373 (NEW).]

1. Not appurtenant to interest in real property. The affordable housing covenant is not appurtenant and does not run with an interest in real property. [PL 1991, c. 373 (NEW).]

2. Assignable to another holder. The affordable housing covenant can be or has been assigned to another qualified holder. [PL 1991, c. 373 (NEW).]

3. Not recognized at common law. The affordable housing covenant is not of a character traditionally recognized at common law. [PL 1991, c. 373 (NEW).]

4. Imposes a negative burden. The affordable housing covenant imposes a negative burden. [PL 1991, c. 373 (NEW).]

5. Imposes affirmative obligations. The affordable housing covenant imposes affirmative obligations upon the owner of an interest in the burdened property or upon the qualified holder. [PL 1991, c. 373 (NEW).]

6. Benefit does not touch or concern real property. The benefit of the affordable housing covenant is held by a qualified holder who has not retained property that would benefit from enforcement of the affordable housing covenant against the burdened property, or the benefit does not touch or concern real property in any other way. [PL 1991, c. 373 (NEW).]

7. No privity of estate or contract. There is no privity of estate or privity of contract. [PL 1991, c. 373 (NEW).]

8. Does not run to successors or assigns. The affordable housing covenant does not run to the successors or assigns of the qualified holder. [PL 1991, c. 373 (NEW).]

9. Unreasonable restraint on alienability. The affordable housing covenant may be construed by a court to be an unreasonable restraint on alienability. [PL 1991, c. 373 (NEW).]

10. In violation of rule against perpetuities. The affordable housing covenant may be construed by a court to violate the rule against perpetuities. [PL 1991, c. 373 (NEW).]
33 M.R.S. § 1582 — ME Code / Title 33 / Chapter 30 / Section 1582
33 §1582. Creation, conveyance, acceptance and duration
Status: in_force

1. Trail easement. Except as otherwise provided in this chapter, a trail easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements created by written instrument. [PL 1999, c. 371, §1 (NEW).]

2. Right or duty. No right or duty in favor of or against a holder arises under a trail easement unless the right or duty is accepted by the holder. [PL 1999, c. 371, §1 (NEW).]

3. Limitation. Except as provided in this chapter, a trail easement is unlimited in duration unless the instrument creating it provides otherwise. [PL 1999, c. 371, §1 (NEW).]

4. Interest. An interest in real property in existence at the time a trail easement is created is not impaired by the trail easement unless the owner of the interest is a party to the trail easement or consents to it. [PL 1999, c. 371, §1 (NEW).]
33 M.R.S. § 904 — ME Code / Title 33 / Chapter 17 / Section 904
33 §904. -- form of agreement
Status: in_force

The following shall be a sufficient agreement to secure the application of section 901 :

"We , , and , owners of shares of common (preferred) stock of company represented by certificate No. , owners of bonds No. , Series of company, owners of debentures No. , Series of company, owners of a certain promissory note dated , etc., signed by company, owners of (describe any other security) issued by company hereby agree that our ownership in the above-mentioned property shall be as joint tenants with rights of survivorship as such, and not as tenants in common, in accordance with the Revised Statutes of Maine, Title 33, sections 901 and 902 .".
33 M.R.S. § 605 — ME Code / Title 33 / Chapter 11 / Section 605
33 §605. Deputy; oath and duties
Status: in_force

Each register shall appoint a deputy register of deeds subject to the requirements of Title 30‑A, section 501 ; the deputy register shall be sworn. He shall give bond to the county for the faithful discharge of his duties in such sum as the county commissioners order and with such sureties as they approve in writing thereon. The premium of the bond shall be met by the county. The deputy register shall receive an annual salary as established by the register and approved by the county commissioners. In case of sickness, absence or any temporary disability of the register, such deputy shall make and sign for him all certificates and make all entries and minutes required to be signed or made by the register. Such certificates, entries and minutes shall be as valid as if made by the register. [PL 1987, c. 737, Pt. C, §§75, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §8, 10 (AMD).]

In case of vacancy in the office of register, in any county or registry district, the deputy register then holding such office pursuant to this section shall assume the title of acting register, be sworn as such by a dedimus justice and thereafter perform all duties and services required of a register of deeds during such vacancy, complete all unfinished business, receive the same compensation and be subject to the same liabilities as a register of deeds and his certificate shall have the same effect as if made by the register. [PL 1975, c. 445, §2 (NEW).]
33 M.R.S. § 2068 — ME Code / Title 33 / Chapter 45 / Section 2068
33 §2068. When security presumed abandoned
Status: in_force

1. If communications sent at least annually, presumed abandoned after 3 years. Subject to section 2070 , if the holder sends communications to the apparent owner of a security by first class United States mail on at least an annual basis, a security is presumed abandoned 3 years after the later of: A. 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 [PL 2019, c. 498, §22 (NEW).] B. If the communication is resent within 30 days after the first communication is returned, the date the resent communication is returned as undeliverable to the holder by the United States Postal Service. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. If no communications sent, duty to confirm owner's interest not later than 2 years. If the holder does not send communications to the apparent owner of a security by first class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an e-mail not later than 2 years after the apparent owner's last indication of interest in the security. 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).]

3. If confirmation returned undeliverable, presumed abandoned after 3 years. If first class United States mail sent under subsection 2 is returned to the holder as undeliverable by the United States Postal Service, the security is presumed abandoned 3 years after the latest indication of interest by the apparent owner in the security. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 254 — ME Code / Title 33 / Chapter 7 / Section 254
33 §254. Qualifications and seal
Status: in_force

Every commissioner appointed under section 251 , before performing any duty or exercising any power by virtue of his appointment, shall take and subscribe an oath or affirmation, before a judge or clerk of one of the superior courts of the state or country in which he resides, well and faithfully to execute and perform all his official duties under the laws of this State; which oath and a description of his seal of office shall be filed in the office of the Secretary of State.
33 M.R.S. § 136 — ME Code / Title 33 / Chapter 6-A / Section 136
33 §136. Application
Status: in_force

1. Interest created after effective date. This chapter applies to any interest that complies with this chapter created after the effective date of this chapter, whether designated as a working waterfront covenant or an equitable servitude, restriction, easement or other interest in real estate. [PL 2005, c. 574, §1 (NEW).]

2. Working waterfront covenant created before effective date. This chapter applies to any working waterfront covenant created before the effective date of this chapter if the working waterfront covenant would have been enforceable had it been created after the effective date of this chapter, unless retroactive application contravenes the Constitution of Maine or the United States Constitution. [PL 2005, c. 574, §1 (NEW).]

3. Chapter does not invalidate interest. This chapter does not invalidate any interest, whether designated as a working waterfront covenant or an equitable servitude, restriction, easement or other interest in real estate, that is otherwise enforceable under other laws of this State. [PL 2005, c. 574, §1 (NEW).]
33 M.R.S. § 2131 — ME Code / Title 33 / Chapter 45 / Section 2131
33 §2131. Public sale of property
Status: in_force

1. Sale after one year. Subject to section 2132 , not earlier than one year after receipt of property presumed abandoned, the administrator may sell the property. [PL 2019, c. 498, §22 (NEW).]

2. Notice of sale. Before selling property under subsection 1 , the administrator shall give notice to the public of: A. The date of the sale; and [PL 2019, c. 498, §22 (NEW).] B. The nature of the property. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

3. Sale to highest bidder. A sale under subsection 1 must be to the highest bidder: A. At public sale at a location in this State that the administrator determines to be the most favorable market for the property; [PL 2019, c. 498, §22 (NEW).] B. On the Internet; or [PL 2019, c. 498, §22 (NEW).] C. On another forum the administrator determines is likely to yield the highest net proceeds of sale. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

4. Highest bid insufficient. The administrator may decline the highest bid at a sale under this section and reoffer the property for sale if the administrator determines the highest bid is insufficient. [PL 2019, c. 498, §22 (NEW).]

5. Publication of notice. If a sale held under this section is to be conducted other than on the Internet, the administrator may publish at least one notice of the sale, at least 2 weeks but not more than 10 weeks before the sale. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1602-116 — ME Code / Title 33 / Chapter 31 / Section 1602-116
33 §1602-116. Easement to facilitate exercise of special declarant rights
Status: reserved

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this Act or reserved in the declaration. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 653 — ME Code / Title 33 / Chapter 11 / Section 653
33 §653. Time of recording; verification
Status: in_force

A register shall, at the time of receiving a deed or instrument for record, certify on the deed or instrument the day and the hour and minute when it was received and the book number and page number where the document is located. If the deed or instrument does not have sufficient room on the page or pages for the location of the recording information so that the register is required to add an additional page for the placement of the recording information, the register may charge in addition to any other fees allowed by law a fee of $2 for each page the register is required to add. An instrument is considered recorded at the time when it was received and that time must be entered on the record. The register shall enter that time, the names of the grantor and grantee and the name of the town or unincorporated place as shown by the instrument in which the property affected is located in a record kept for that purpose and open to inspection in business hours. The register may not permit a deed or instrument for the conveyance of real estate to be altered, amended or withdrawn until it is fully recorded and examined. The record must be verified as a true record of the original document by comparing the indexing record and the copy kept for public inspection, as described in section 651 , to the original document before the original document is allowed to leave the registry office. [PL 2003, c. 55, §3 (RPR).]
33 M.R.S. § 141 — ME Code / Title 33 / Chapter 6-B / Section 141
33 §141. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 471, Pt. B, §1 (NEW).]

1. Option to purchase at agricultural value. "Option to purchase at agricultural value" means any agreement in recordable form between the fee owner of working farmland property and one or more qualified holders that permits a qualified holder to control, either directly or indirectly, the purchase price of the working farmland property for the primary purpose of making available and affordable, and preserving the permanent availability and affordability of, that property for working farmland. [PL 2025, c. 471, Pt. B, §1 (NEW).]

2. Qualified holder or holder. "Qualified holder" or "holder" means: A. A governmental entity authorized to hold an interest in real property; [PL 2025, c. 471, Pt. B, §1 (NEW).] B. A nonprofit organization organized under state law whose purposes include the permanent protection of working farmland or the enlargement of working farmland opportunities for farmers; or [PL 2025, c. 471, Pt. B, §1 (NEW).] C. A nonprofit organization organized under state law whose purposes or powers include retaining or protecting working farmland or providing access to working farmland. [PL 2025, c. 471, Pt. B, §1 (NEW).] [PL 2025, c. 471, Pt. B, §1 (NEW).]

3. Third-party right of enforcement. "Third-party right of enforcement" means a right provided in an option to purchase at agricultural value to enforce any of its terms granted by the grantor and holder of the option to purchase at agricultural value to a governmental entity or nonprofit organization that meets the qualifications of a holder. [PL 2025, c. 471, Pt. B, §1 (NEW).]

4. Working farmland or working farmland property. "Working farmland" or "working farmland property" has the same meaning as in Title 5, section 6201, subsection 4‑A . [PL 2025, c. 471, Pt. B, §1 (NEW).]
33 M.R.S. § 2211 — ME Code / Title 33 / Chapter 45 / Section 2211
33 §2211. Definitions; applicability
Status: in_force

1. Personal information defined. As used in this subchapter, "personal information" means: A. Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's: (1) Social security number or other government-issued number or identifier; (2) Date of birth; (3) Home or physical address; (4) E-mail address or other online contact information or Internet protocol address; (5) Financial account number or credit or debit card number; (6) Biometric data, health or medical data or insurance information; or (7) Passwords or other credentials that permit access to an online or other account; [PL 2019, c. 498, §22 (NEW).] B. Personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and [PL 2019, c. 498, §22 (NEW).] C. Any combination of data that, if accessed, disclosed, modified or destroyed without authorization of the owner of the data or if lost or misused, would require notice or reporting under Title 10, section 1348 and federal privacy and data security law, whether or not the administrator or the administrator's agent is subject to the law. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Applies to administrator's agent. A provision of this subchapter that applies to the administrator or the administrator's records applies to an administrator's agent. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2103 — ME Code / Title 33 / Chapter 45 / Section 2103
33 §2103. Notice by administrator
Status: in_force

1. Website; apparent owners. The administrator shall maintain a website accessible by the public and electronically searchable that contains the names reported to the administrator of all apparent owners for whom property is being held by the administrator. The administrator may exclude certain properties from publication on this website if reasonable exclusion serves the best interest of the State and the owner of the property. [PL 2019, c. 498, §22 (NEW).]

2. Instructions for filing. The website must include instructions for filing with the administrator a claim to property. [PL 2019, c. 498, §22 (NEW).]

3. Other communications and media. The administrator may use any printed publication, telecommunication, the Internet or other media to inform the public of the existence of unclaimed property held by the administrator. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2165 — ME Code / Title 33 / Chapter 45 / Section 2165
33 §2165. Evidence of unpaid debt or undischarged obligation
Status: in_force

1. Prima facie evidence of debt or obligation. A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. [PL 2019, c. 498, §22 (NEW).]

2. Preponderance of evidence. A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection 1 or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder. [PL 2019, c. 498, §22 (NEW).]

3. Overcome prima facie evidence. A putative holder may overcome prima facie evidence under subsection 1 by establishing by a preponderance of the evidence that a check, draft or similar instrument was: A. Issued as an unaccepted offer in settlement of an unliquidated amount; [PL 2019, c. 498, §22 (NEW).] B. Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected; [PL 2019, c. 498, §22 (NEW).] C. Issued to a party affiliated with the issuer; [PL 2019, c. 498, §22 (NEW).] D. Paid, satisfied or discharged; [PL 2019, c. 498, §22 (NEW).] E. Issued in error; [PL 2019, c. 498, §22 (NEW).] F. Issued without consideration; [PL 2019, c. 498, §22 (NEW).] G. Issued but there was a failure of consideration; [PL 2019, c. 498, §22 (NEW).] H. Voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or [PL 2019, c. 498, §22 (NEW).] I. Issued but not delivered to a 3rd-party payee for a sufficient reason recorded within a reasonable time after issuance. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

4. Evidence of course of dealing. In asserting a defense under this section, and subject to section 2094 , a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 134 — ME Code / Title 33 / Chapter 6-A / Section 134
33 §134. Scope of working waterfront covenant
Status: in_force

A working waterfront covenant must include without limitation at least one of the following terms: [PL 2005, c. 574, §1 (NEW).]

1. Resale price of working waterfront real estate. Limitations on the resale price of working waterfront real estate; [PL 2005, c. 574, §1 (NEW).]

2. Amount of equity appreciation. Limitations on the amount of equity appreciation that a landowner may derive from ownership of working waterfront real estate; [PL 2005, c. 574, §1 (NEW).]

3. Improvements to working waterfront real estate. Limitations on the type, extent, use or dollar value of improvements that may be made to working waterfront real estate; [PL 2005, c. 574, §1 (NEW).]

4. Uses to which working waterfront real estate may be devoted. Restrictions on the uses to which working waterfront real estate may be devoted, which must be consistent with the purposes of this chapter; [PL 2005, c. 574, §1 (NEW).]

5. Options to purchase. The grant of rights of first refusal or options to purchase to qualified holders or their assigns, subject to the terms and conditions of the working waterfront covenant; [PL 2005, c. 574, §1 (NEW).]

6. Maintenance and insurance of working waterfront real estate. The obligation to maintain, operate and insure working waterfront real estate; [PL 2005, c. 574, §1 (NEW).]

7. Construction and materials. The right to restrict or specify types of buildings, structures and materials that may be used in improvements on working waterfront real estate; and [PL 2005, c. 574, §1 (NEW).]

8. Acts that may enhance affordability of working waterfront real estate. The right to prohibit, limit or require other acts that may enhance or allow the affordability and availability of working waterfront real estate to commercial marine fisheries businesses in the future. [PL 2005, c. 574, §1 (NEW).]
33 M.R.S. § 1902 — ME Code / Title 33 / Chapter 39 / Section 1902
33 §1902. Scope
Status: in_force

This chapter applies only to federal tax liens and to other federal lien notices that under any Act of Congress or any federal regulation adopted pursuant to any Act of Congress are required or permitted to be filed in the same manner as notices of federal tax liens. [PL 2003, c. 518, §2 (AMD).]
33 M.R.S. § 465 — ME Code / Title 33 / Chapter 7 / Section 465
33 §465. Abutters own the centerline of road or way
Status: reserved

Any person owning land in this State abutting a town or private way, county road or highway, whose predecessors in title have not reserved any title in such road or way as provided in sections 460 and 461 , or filed the notice provided in section 462 within the time specified therein, shall be deemed to own to the centerline of such road or way except as provided in sections 466 to 469 . [PL 1977, c. 696, §257 (AMD).]
33 M.R.S. § 2053 — ME Code / Title 33 / Chapter 45 / Section 2053
33 §2053. Inapplicability to foreign transaction
Status: in_force

This Act does not apply to property held, due and owing in a foreign country if the transaction out of which the property arose was a wholly foreign transaction. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 159 — ME Code / Title 33 / Chapter 7 / Section 159
33 §159. Conveyances to 2 or more persons
Status: in_force

Conveyances not in mortgage and devises of land to 2 or more persons create estates in common, unless otherwise expressed. Deeds in which 2 or more grantees anywhere in the conveyances are named as joint tenants or named as having the right of survivorship or that otherwise indicate anywhere in the conveyances by appropriate language the intent to create a joint tenancy between such grantees must be construed as vesting an estate in fee simple in such grantees with right of survivorship. Deeds in which the grantor is named as a grantee or as a grantee with another or others must be construed as vesting an estate in fee simple in such grantee or grantees including the grantor, unless otherwise expressed. [PL 2011, c. 4, §1 (AMD).]

A conveyance of real property by the owner of the real property to the owner and another or others, or by the owners of the real property to the owners or to the owners and another or others, as joint tenants or with the right of survivorship, or that otherwise indicates anywhere in the conveyance by appropriate language the intent to create a joint tenancy between such owner or owners and such other or others or between the owners by the conveyance, including language such as "as joint tenants," "in joint tenancy," "as joint tenants with rights of survivorship," "with rights of survivorship," "to them and to the survivor of them," "to them and their assigns and to the survivor and the heirs and assigns of the survivor forever" or "as tenants by the entirety," creates an estate in joint tenancy in the property so conveyed between all of the grantees, including the grantor. Estates in joint tenancy so created have and possess all of the attributes and incidents of estates in joint tenancy created or existing at common law and the rights and liabilities of the tenants in estates in joint tenancy so created are the same as in estates in joint tenancy created or existing at common law. [PL 2011, c. 4, §1 (AMD).]

A conveyance of real property by an owner or owners of the real property holding in joint tenancy to the owner or to the owner and another or others, or to the owners or to the owners and another or others, as tenants in common, or that otherwise indicates anywhere in the conveyance by appropriate language the intent to create a tenancy in common or the intent to sever the joint tenancy between the owner or owners and such other or others or between the owners by the conveyance, or without expression of the tenancy created or without other expression of joint tenancy or right of survivorship, creates an estate in common in the property so conveyed between all of the grantees, including the grantor, or between the sole grantee and the other owner or owners. [PL 2011, c. 4, §1 (NEW).]

A conveyance on or after January 1, 2012 by a taxing or assessing authority of real property acquired from joint tenants by foreclosure of a tax or assessment lien mortgage, if made to such persons, recreates the joint tenancy held by the persons at the time of the foreclosure unless otherwise indicated anywhere in the conveyance by appropriate language. [PL 2011, c. 41, §1 (NEW).]
33 M.R.S. § 602 — ME Code / Title 33 / Chapter 11 / Section 602
33 §602. Examination of lists by Governor; certificates; tenure
Status: in_force

The meetings for such election shall be notified, held and regulated and the votes received, sorted, counted, declared and recorded in the same manner as votes for Representatives, and fair copies of the lists of votes shall be attested by the municipal officers and clerks of towns and sealed up in open town meeting, and town clerks shall cause them to be delivered into the office of the Secretary of State. The Governor shall open and examine the same and the list of votes of citizens in the military service returned to said office. He has the same power to correct errors as is conferred by Title 21‑A . He shall forthwith issue certificates of election to such persons as have a plurality of all the votes for each county or registry district. The person thus elected and giving the bond required in section 603 approved by the county commissioners shall hold his office for 4 years from the first day of the next January and until another is chosen and qualified. [PL 1985, c. 614, §28 (AMD).]
33 M.R.S. § 2143 — ME Code / Title 33 / Chapter 45 / Section 2143
33 §2143. Expenses and service charges of administrator
Status: in_force

Before making a deposit of funds received under this Act to the Unclaimed Property Fund under section 2141 , the administrator may deduct: [PL 2019, c. 498, §22 (NEW).]

1. Expenses of disposition of property. Expenses of disposition of property delivered to the administrator under this Act; [PL 2019, c. 498, §22 (NEW).]

2. Costs of mailing and publication. Costs of mailing and publication in connection with property delivered to the administrator under this Act; [PL 2019, c. 498, §22 (NEW).]

3. Reasonable service charges. Reasonable service charges; and [PL 2019, c. 498, §22 (NEW).]

4. Expenses incurred. Expenses incurred in examining records of or collecting property from a putative holder or holder. [PL 2019, c. 498, §22 (NEW).]

At the end of each year or more often, the administrator shall transfer to the General Fund all money in the Unclaimed Property Fund under section 2141 that is in excess of $500,000. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2170 — ME Code / Title 33 / Chapter 45 / Section 2170
33 §2170. Determination of liability for unreported reportable property
Status: in_force

If the administrator determines from an examination conducted under section 2162 that a putative holder failed or refused to pay or deliver to the administrator property that is reportable under this Act, the administrator shall issue a determination of the putative holder's liability to pay or deliver and shall give notice in a record to the putative holder of the determination. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2092 — ME Code / Title 33 / Chapter 45 / Section 2092
33 §2092. Content of report
Status: in_force

1. Report. The report required under section 2091 must: A. Be signed by or on behalf of the holder and verified as to its completeness and accuracy; [PL 2019, c. 498, §22 (NEW).] B. Be filed electronically; [PL 2019, c. 498, §22 (NEW).] C. Describe the property; [PL 2019, c. 498, §22 (NEW).] D. Except for a traveler's check, money order or similar instrument, contain the name, if known, last known address, if known, and social security number or taxpayer identification number, if known or readily ascertainable; [PL 2019, c. 498, §22 (NEW).] E. For an amount held or owing under a life or endowment insurance policy, annuity contract or other property for which ownership vests in a beneficiary upon the death of the owner, contain the name and last known address of the insured, annuitant or other apparent owner of the policy or contract and of the beneficiary; [PL 2019, c. 498, §22 (NEW).] F. For property held in or removed from a safe deposit box, indicate the location of the property, where it may be inspected by the administrator and any amounts owed to the holder under section 2116 ; [PL 2019, c. 498, §22 (NEW).] G. Contain the commencement date for determining abandonment under subchapter 2 ; [PL 2019, c. 498, §22 (NEW).] H. State that the holder has complied with the notice requirements of section 2101 ; [PL 2019, c. 498, §22 (NEW).] I. Identify property that is a nonfreely transferable security and explain why it is a nonfreely transferable security; and [PL 2019, c. 498, §22 (NEW).] J. Contain other information the administrator prescribes by rule. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Aggregate items valued under $50. A report under section 2091 may include in the aggregate items valued under $50 each for which personal information, as defined in section 2211, subsection 1 , concerning the owner is unknown. [PL 2019, c. 498, §22 (NEW).]

3. Personal information. A report under section 2091 may include personal information as defined in section 2211, subsection 1 about the apparent owner or the apparent owner's property. [PL 2019, c. 498, §22 (NEW).]

4. Former name, name of previous holder. If a holder has changed its name while holding property presumed abandoned or is a successor to another person that previously held the property for the apparent owner, the holder must include in the report under section 2091 its former name or the name of the previous holder, if any, and the known name and address of each previous holder of the property. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1602-110 — ME Code / Title 33 / Chapter 31 / Section 1602-110
33 §1602-110. Exercise of development rights
Status: reserved

(a) To exercise any development right reserved under section 1602‑105 , subsection (a), paragraph (8), the declarant shall prepare, execute and record an amendment to the declaration, section 1602‑117 , and comply with section 1602‑109 . The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number of each new unit created, and except in the case of subdivision or conversion of units described in subsection (c), reallocate the allocated interests among all units. The amendment must describe any limited common elements thereby created and designate the unit to which each is allocated to the extent required by section 1602‑108 , limited common elements. [PL 1981, c. 699 (NEW).]

(b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by section 1602‑105 or section 1602‑106 , as the case may be, and the plats and plans includes all matters required by section 1602‑109 . This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to section 1602‑105, subsection (a), paragraph (8). [PL 1981, c. 699 (NEW).]

(c) When a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:

(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain, section 1601‑107 . [PL 1981, c. 699 (NEW).]

(2) If the declarant subdivides the unit into 2 or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant. [PL 1981, c. 699 (NEW).]

(3) Until written notice of conversion is given to the appropriate real estate tax assessor or the period during which conversion may occur expires, whichever occurs first, the declarant alone is liable for real estate taxes assessed against convertible real estate and all other expenses in connection with that real estate. No other unit owner and no other portion of the condominium is subject to a claim for payment of those taxes or expenses. Unless the declaration provides otherwise, any income or proceeds from convertible real estate inures to the declarant. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1553 — ME Code / Title 33 / Chapter 29 / Section 1553
33 §1553. Scope of preservation interest
Status: in_force

A preservation interest may forbid, limit or require any or all of the following acts which affect the historic property's special character or special historical, architectural or archaeological value: [PL 1979, c. 389 (NEW).]

1. Exterior alterations. Exterior alterations of an historic property, including, but not limited to, maintenance, placement, removal or decoration; [PL 1979, c. 389 (NEW).]

2. Interior alterations. Interior alterations of an historic property, including, but not limited to, maintenance, renovation, construction or decoration; [PL 1979, c. 389 (NEW).]

3. Demolition and additions. Demolition of historic property, construction or placing of new buildings, additions, roads, signs, billboards or other advertising, utility poles or other structures, under, on or above the ground; [PL 1979, c. 389 (NEW).]

4. Landscaping. Alteration, removal or destruction of trees, shrubs or other vegetation; or fixtures, including, but not limited to, ornamental ironwork, walls, walks, hitching posts and fences; or artifacts, including, but not limited to, historic or prehistoric relics, pottery or shards of pottery, tools, bottles or evidence of structural foundations; [PL 1979, c. 389 (NEW).]

5. Landfill. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials; and [PL 1979, c. 389 (NEW).]

6. Other acts. Any other acts detrimental to the preservation of historic property. [PL 1979, c. 389 (NEW).]
33 M.R.S. § 122 — ME Code / Title 33 / Chapter 6 / Section 122
33 §122. Creation; conveyance; acceptance; duration
Status: in_force

1. Affordable housing covenant. Except as otherwise provided in this chapter, an affordable housing covenant may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other covenants created by written instrument. [PL 1991, c. 373 (NEW).]

2. Right or duty. A right or duty in favor of or against a qualified holder may not arise under an affordable housing covenant unless it is accepted by the qualified holder. [PL 1991, c. 373 (NEW).]

3. Limitation. Except as provided in this chapter, an affordable housing covenant is unlimited in duration unless: A. The instrument creating it provides otherwise; or [PL 1991, c. 373 (NEW).] B. A change of circumstances renders the affordable housing covenant no longer in the public interest as determined in an action under section 123, subsection 3 . [PL 1991, c. 373 (NEW).] [PL 1991, c. 373 (NEW).]

4. Interest. An interest in real property in existence at the time that an affordable housing covenant is created is not impaired by the affordable housing covenant unless the owner of the interest is a party to the affordable housing covenant. [PL 1991, c. 373 (NEW).]

5. Right to enter land. The instrument creating an affordable housing covenant must designate the manner in which and the times when representatives of the holder of an affordable housing covenant are entitled to enter the real property to assure compliance. [PL 1991, c. 373 (NEW).]
33 M.R.S. § 507 — ME Code / Title 33 / Chapter 9 / Section 507
33 §507. Disclosure regarding private mortgage insurance (REALLOCATED FROM TITLE 33, SECTION 506)
Status: in_force

(REALLOCATED FROM TITLE 33, SECTION 506)

With respect to a mortgage loan on residential real property for which the processor or underwriter of that loan also engages in the business of private mortgage insurance, a supervised lender, as defined in Title 9‑A, section 1‑301, subsection 39 , or a loan broker, as defined in Title 9‑A, section 10‑102 , shall disclose to the loan applicant at the time of application the fact that the processor or underwriter is also in the business of private mortgage insurance. Failure to provide the disclosure required by this section does not annul, alter or affect the validity or enforceability of the mortgage loan. [PL 2011, c. 691, Pt. A, §38 (AMD).]
33 M.R.S. § 589-A — ME Code / Title 33 / Chapter 10 / Section 589-A
33 §589-A. Requirements of membership camping
Status: reserved

1. Specific disclosures. No membership camping contract may be offered or sold by a membership camping operator unless, prior to the execution of the membership camping contract, the purchaser is provided, at no cost to the purchaser, with a written statement containing the following information, all of which shall be current to a point not more than 60 days prior to the date of delivery to the purchaser. A. The front cover or first page shall contain only the following in the order stated: (1) The words "membership camping operator's disclosure statement" printed in bold-faced type of a minimum size of 10 points; (2) The name and principal business address of the membership camping operator; (3) A statement that the membership camping operator is in the business of offering for sale membership camping contracts; (4) The following in printed bold-faced type of a minimum size of 10 points: THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN PURCHASING A MEMBERSHIP CAMPING CONTRACT. STATE LAW REQUIRES THAT THESE DISCLOSURES BE MADE , BUT NO STATE AGENCY OR OFFICIAL HAS REVIEWED THE INFORMATION CONTAINED IN THIS BOOKLET. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. YOU SHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT. IF YOU ARE THINKING OF PURCHASING A MEMBERSHIP CAMPGROUND CONTRACT, YOU SHOULD REVIEW ALL REFERENCES MADE IN THIS BOOKLET, EXHIBITS, CONTRACT DOCUMENTS AND SALES MATERIALS. THE MEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY REPRESENTATIONS WHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT OR THIS DISCLOSURE STATEMENT; and (5) The following language, printed in bold-faced type of a minimum size of 10 points, shall also appear on the cover page of the disclosure statement after the appearance of the items required in this paragraph: SHOULD YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE THE UNQUALIFIED RIGHT TO CANCEL THAT CONTRACT. THIS RIGHT OF CANCELLATION IS INCAPABLE OF WAIVER AND SHALL EXPIRE AT MIDNIGHT ON THE 7TH CALENDAR DAY FOLLOWING THE DATE OF THE EXECUTED CONTRACT OR WITHIN 7 CALENDAR DAYS OF THE RECEIPT OF THIS STATEMENT, WHICHEVER OCCURS LATER. TO CANCEL THE MEMBERSHIP CAMPING CONTRACT, YOU MUST HAND DELIVER OR MAIL, POSTAGE PREPAID, WRITTEN NOTICE OF YOUR INTENTION TO CANCEL TO THE MEMBERSHIP CAMPING OPERATOR AT HIS PRINCIPAL BUSINESS ADDRESS LISTED IN THE MEMBERSHIP CAMPING CONTRACT. THE MEMBERSHIP CAMPING OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEY PAID BY YOU IN CONNECTION WITH THE EXECUTION OF THE MEMBERSHIP CAMPING CONTRACT WITHIN 20 CALENDAR DAYS FROM THE PROPER AND TIMELY CANCELLATION OF THE CONTRACT. [PL 1985, c. 390 (NEW).] B. The following pages shall contain, in the following order: (1) A brief description of the membership camping operator's experience in the membership camping business, including the number of years the operator has been in the membership camping business; (2) A brief description of the nature of the purchaser's right or license to use the membership camping operator's property or facilities; (3) The location of each of the membership camping operator's parks and a brief description for each park of the significant facilities then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any significant facilities that are or will be available to nonpurchasers or nonmembers. Significant facilities include, but are not limited to, each of the following: The number of camping sites in each park, the number of camping sites in each park with full or partial hookups, swimming pools, tennis courts, recreation buildings, restrooms and showers, laundry rooms, trading posts and grocery stores. "Partial hookups" means those hookups with at least one of the following connections: Electricity; water and sewage connections; (4) A brief description of the effect on the purchaser's membership rights if a subsequent holder, successor, assign or other person later acquires the campground through foreclosure, bankruptcy sale, deed or other conveyance. This description shall include a description of any nondisturbance agreement or bond and its effects on the purchaser's rights and a description of the legal document that evidences the purchaser's rights, followed by a statement in capital letters as follows: NOTICE: YOUR RIGHTS UNDER THIS CONTRACT MAY BE AFFECTED BY A SUBSEQUENT HOLDER, SUCCESSOR, ASSIGN OR PERSON WHO LATER ACQUIRES THE CAMPGROUND. THIS STATEMENT IS ONLY SUMMARY IN NATURE. YOU SHOULD ASK YOUR ATTORNEY TO EXPLAIN IT TO YOU MORE FULLY; (5) A statement in capital letters as follows: NOTICE: PURCHASE A MEMBERSHIP CAMPING CONTRACT ONLY ON THE BASIS OF EXISTING FACILITIES. CONSTRUCTION OF PLANNED FACILITIES IS SOMETIMES DELAYED OR TERMINATED FOR A VARIETY OF REASONS; (6) A brief description of the membership camping operator's ownership of, or right to use, the camping properties represented to be available for use by purchasers, together with the duration of any lease, license, franchise or reciprocal agreement entitling the membership camping operator to use the property and any material provisions of any agreements which restrict a purchaser's use of the property; (7) A summary of, or notice that attached to this disclosure is a copy of the rules, restrictions or covenants regulating the purchaser's use of the membership camping operator's properties, including a statement of whether and how the rules, restrictions or covenants may be changed; (8) A brief description of all payments of a purchaser under a membership camping contract, including initial fees and any further fees, charges or assessments, together with any provisions for changing the payments; (9) A description of any restraints on the transfer of the membership camping contract by the purchaser; (10) A brief description of the policies relating to the availability of camping sites and whether reservations are required; (11) A brief description of any grounds for forfeiture of a purchaser's membership camping contract; (12) A copy of the membership camping contract form; and (13) A statement describing all material terms and conditions of any reciprocal program represented to be available to purchasers, including whether the purchaser's participation in the reciprocal program is dependent upon the continued affiliation of the membership camping operator with the reciprocal program and whether the membership camping operator reserves the right to terminate that affiliation. [PL 1985, c. 390 (NEW).] [PL 1985, c. 390 (NEW).]

2. Contract provisions. The contract shall include provisions stating the manner in which the rights of the purchaser may be affected if a subsequent holder, successor, assign or other person later acquires the campground through foreclosure, bankruptcy sale or other conveyance. Any holder, successor, assign or person who acquires the campground through foreclosure or deed takes the campground subject to the condition that he may not materially diminish the purchaser's use of the campground as outlined in the contract between the purchaser and seller. [PL 1985, c. 390 (NEW).]

3. Signature and date. A membership camping contract shall be dated and signed by the purchaser and the membership camping operator. The contract shall contain, in the immediate proximity of the space reserved for the signature of the purchaser, a conspicuous statement in a size equal to at least 10 point bold type as follows: YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY TIME WITHIN 7 DAYS FOLLOWING THE DATE OF EXECUTION OF THE CONTRACT OR THE RECEIPT OF A DISCLOSURE STATEMENT FROM THE MEMBERSHIP CAMPING OPERATOR, WHICHEVER EVENT OCCURS LATER. TO CANCEL THE CONTRACT, HAND DELIVER OR MAIL A POSTAGE PREPAID WRITTEN CANCELLATION TO THE MEMBERSHIP CAMPING OPERATOR AT THE ADDRESS LISTED IN THE DISCLOSURE STATEMENT OR ON THIS CONTRACT. THE MEMBERSHIP CAMPING CONTRACT SHALL CONTAIN THE NAME AND ADDRESS OF THE MEMBERSHIP CAMPING OPERATOR. [PL 1985, c. 390 (NEW).]

4. Cancellation of contract. Any purchaser or prospective purchaser of a membership camping contract may cancel a membership camping contract by delivering in hand or mailing a postage prepaid written notice to the membership camping operator of the purchaser's cancellation of the contract within 7 calendar days after the date any contract is executed or within 7 calendar days after the delivery of the current written disclosure statement required by subsection 1 , whichever event is later. [PL 1985, c. 390 (NEW).]

5. Membership camping operator's refund obligation. If the membership camping operator is given written notice of cancellation of the membership contract pursuant to subsection 4 , he must deliver or mail postage prepaid to the purchaser within 20 days of the effective date of the written notice of cancellation the full amount of any payment or down payment made or consideration given under the membership camping contract. [PL 1985, c. 390 (NEW).]

6. Wrongful retention; damages; burden of proof. The following provisions apply when a membership camping operator fails to perform his refund obligation under subsection 5 : A. If the membership camping operator fails to return the full amount of any payment or downpayment made or consideration given within the 20-day period as described in subsection 5 , it shall be presumed that he is willfully and wrongfully retaining the payment, down payment or other consideration; [PL 1985, c. 390 (NEW).] B. The willful retention of a payment, down payment or other consideration in violation of this subchapter shall render the membership camping operator liable for double the amount of that portion of the payment, downpayment or other consideration wrongfully withheld from the purchaser together with reasonable attorney's fees and court costs; and [PL 1985, c. 390 (NEW).] C. In any court action brought by a purchaser under this section, the membership camping operator shall bear the burden of proving that his withholding of the payment, downpayment or other consideration or any portion of it was not wrongful. [PL 1985, c. 390 (NEW).] [PL 1985, c. 390 (NEW).]

7. Membership camping operators located outside the State. This subchapter shall apply to offers or sale of membership camping contracts within this State, even if the membership camping operator or purchaser is located outside of this State. [PL 1985, c. 390 (NEW).]
33 M.R.S. § 191 — ME Code / Title 33 / Chapter 7 / Section 191
33 §191. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 345, §4 (NEW).]

1. Nonresidential real property. "Nonresidential real property" means real estate that is not residential real property as defined in section 171, subsection 6 . [PL 2017, c. 345, §4 (NEW).]

2. Public easement. "Public easement" has the same meaning as in Title 23, section 3021, subsection 2 . [PL 2017, c. 345, §4 (NEW).]

3. Town way. "Town way" has the same meaning as in Title 23, section 3021, subsection 3 . [PL 2017, c. 345, §4 (NEW).]
33 M.R.S. § 1602-114 — ME Code / Title 33 / Chapter 31 / Section 1602-114
33 §1602-114. Easement for encroachments
Status: in_force

To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of his willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1601-104 — ME Code / Title 33 / Chapter 31 / Section 1601-104
33 §1601-104. Variation by agreement
Status: in_force

Except as expressly provided in this Act, provisions of this Act may not be varied by agreement, and rights conferred by this Act may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this Act or the declaration. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 474 — ME Code / Title 33 / Chapter 7 / Section 474
33 §474. Statutes of limitations not extended; bar or release not affected
Status: in_force

Nothing contained in this subchapter shall be construed to extend the period limited for the bringing of an action or for the doing of any other required act or to otherwise extend any statute of limitations; nor shall it be construed to affect the nature of the right and interest by descent, the time at which it becomes vested or any provision of law regarding its bar, release or other disposition. [PL 1975, c. 511 (NEW).]
33 M.R.S. § 174 — ME Code / Title 33 / Chapter 7 / Section 174
33 §174. Delivery and time of disclosure; cancellation of contract
Status: in_force

1. Delivery and time of disclosure. The seller of residential real property under this subchapter shall deliver or cause to be delivered the property disclosure statement to the purchaser no later than the time the purchaser makes an offer to purchase, exchange or option the property or exercises the option to purchase the property pursuant to a lease with an option to purchase. [PL 1999, c. 476, §1 (NEW).]

2. Terminate contract. If the property disclosure statement is delivered to the purchaser after the purchaser makes an offer, the purchaser may terminate any resulting real estate contract or withdraw the offer no later than 72 hours after receipt of the property disclosure statement. [PL 1999, c. 476, §1 (NEW).]

3. Withdrawal without penalty. If the purchaser terminates a real estate contract or withdraws an offer in compliance with this section, the termination or withdrawal of offer is without penalty to the purchaser and any deposit must be promptly returned to the purchaser. [PL 1999, c. 476, §1 (NEW).]

4. Rights waived. Any rights of the purchaser to terminate the real estate contract provided by this section are waived conclusively if not exercised prior to settlement or occupancy, whichever is earlier, by the purchaser in the case of a sale or exchange, or prior to settlement in the case of a purchase pursuant to a lease with option to purchase. Any rights of the purchaser to terminate the real estate contract for reasons other than those set forth in this section are not affected by this section. [PL 1999, c. 476, §1 (NEW).]

5. Invalidated. A transfer subject to this subchapter is not invalidated solely because of the failure of any person to comply with this subchapter. [PL 1999, c. 476, §1 (NEW).]
33 M.R.S. § 1904 — ME Code / Title 33 / Chapter 39 / Section 1904
33 §1904. Execution of notices and certificates
Status: in_force

Certification of notices of liens, certificates or other notices affecting federal liens by the Secretary of the Treasury of the United States or the secretary's delegate or by any official or entity of the United States responsible for filing or certifying of notice of any other lien is sufficient for filing purposes and no other attestation, certification or acknowledgment is necessary. [PL 1989, c. 502, Pt. A, §121 (NEW).]
33 M.R.S. § 523 — ME Code / Title 33 / Chapter 9 / Section 523
33 §523. Applicability
Status: in_force

This subchapter applies to transactions: [PL 1999, c. 145, §1 (NEW).]

1. Purposes. That are incurred primarily for personal, family or household purposes; [PL 1999, c. 145, §1 (NEW).]

2. Not open-end credit. That are not open-end credit as that term is defined in Title 9‑A, section 1‑301, subsection 26 ; [PL 1999, c. 145, §1 (NEW).]

3. Not involving multiple advances. That do not contemplate multiple advances of funds as set forth in or required by the terms of the loan documents; [PL 1999, c. 145, §1 (NEW).]

4. Location of lender or closing. When the lending office or branch from which the loan is made is located in this State or the loan closing occurs within this State; and [PL 1999, c. 145, §1 (NEW).]

5. Secured by mortgages. That are secured by mortgages on real estate containing not more than 4 residential dwelling units. [PL 1999, c. 145, §1 (NEW).]
33 M.R.S. § 651-A — ME Code / Title 33 / Chapter 11 / Section 651-A
33 §651-A. Grantor, grantee names; form of indexing
Status: in_force

No instrument executed on or after October 1, 1983, may be accepted by a register of deeds for recording unless beneath the signature of the grantor, grantee, if it appears on the instrument, and the person taking the acknowledgement, the name of each signer is typed or printed. Names used for indexing must be indexed as typed or printed under each signature. A name may be typed or printed under a signature at the registry of deeds by the person bringing the instrument to the registry, as long as the name is typed or printed on the instrument prior to the certification on the instrument under section 653 of the time when the instrument was received. The register of deeds may return documents that are not legible for recording and archival purposes. [PL 1993, c. 230, §1 (AMD).]
33 M.R.S. § 482 — ME Code / Title 33 / Chapter 8 / Section 482
33 §482. Minimum contents of land installment contracts; recordation
Status: in_force

1. Contents. A land installment contract shall be executed in duplicate and a copy of the contract shall be provided to the vendor and the purchaser. The contract shall contain at least the following provisions: A. The full names and post-office addresses of all the parties to the contract; [PL 1983, c. 368 (NEW).] B. The date the contract is signed by each party; [PL 1983, c. 368 (NEW).] C. A legal description of the property conveyed; [PL 1983, c. 368 (NEW).] D. The sales price of the property conveyed; [PL 1983, c. 368 (NEW).] E. Any charges or fees for services included in the contract separate from the sales price; [PL 1983, c. 368 (NEW).] F. The amount of the purchaser's down payment; [PL 1983, c. 368 (NEW).] G. The principal balance owed by the purchaser, which is the sum of the amounts described in paragraphs D and E , less the amount described in paragraph F ; [PL 1983, c. 368 (NEW).] H. The amount and due date of each installment payment and the total number of installment payments; [PL 1983, c. 368 (NEW).] I. The interest rate on the unpaid balance and the method of determining the interest rate; [PL 1983, c. 368 (NEW).] J. A conspicuous statement of any encumbrances against the property, including a statement of any pending order of any public agency or other matters of public record affecting the property; [PL 1983, c. 368 (NEW).] K. A statement which explains that the contract is not a mortgage and that the purchaser does not obtain title to the property until the purchase price is paid in full; [PL 1983, c. 368 (NEW).] L. A statement of the rights of the buyer established by Title 14, section 6111 to cure a default by the buyer; [PL 1993, c. 373, §3 (AMD).] M. A provision that the vendor provide evidence of title by copy of deed, or otherwise, at the time of the execution of the agreement and, if the vendor is not prepared to deliver a full warranty deed on completion of the contract, a description of the deed which the vendor will deliver on completion; [PL 1983, c. 368 (NEW).] N. A provision that, if the vendor defaults on any mortgage on the property, the purchaser may pay on the mortgage and receive credit on the land installment contract; [PL 1983, c. 368 (NEW).] O. A requirement that the purchaser shall be responsible for the payment of taxes, assessments and other charges against the property from the date of the contract, unless agreed to the contrary; [PL 1983, c. 368 (NEW).] P. A provision that the purchaser has the right to accelerate or prepay any installment payments without penalty, unless agreed to the contrary; and [PL 1983, c. 368 (NEW).] Q. A clear and conspicuous provision above the place for the signature of the purchaser which acknowledges receipt by the purchaser of a copy of the land installment contract signed by the vendor. [PL 1983, c. 368 (NEW).] [PL 1993, c. 373, §3 (AMD).]

2. Recordation. Within 20 days after the contract has been signed by both the vendor and the purchaser, the vendor shall cause a copy of the contract or a memorandum of the contract to be recorded at the purchaser's expense in the registry of deeds in the county where the property sold under the contract is located. If a memorandum of the contract is recorded, it shall be entitled "Memorandum of a Land Installment Contract" and shall contain, as a minimum, the names of the parties, the signatures of the parties, a description of the property and applicable time periods. A person other than a vendor and purchaser may rely on the recorded materials in determining whether the requirements of this subsection have been met. [PL 1983, c. 368 (NEW).]

3. Other disclosures. Disclosures made by the vendor pursuant to Title 9‑A, Article 8‑A , Truth-in-Lending, are deemed to comply with subsection 1, paragraphs D to I . [PL 2011, c. 427, Pt. D, §22 (AMD).]
33 M.R.S. § 585 — ME Code / Title 33 / Chapter 10 / Section 585
33 §585. Actions
Status: in_force

Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of 2 or more of the unit owners, with respect to any cause of action relating to the common areas and facilities, or more than one unit. Service of process on 2 or more unit owners in any action relating to the common areas and facilities, or more than one unit, may be made on the person designated in the declaration to receive service of process. [PL 1965, c. 357 (NEW).]
33 M.R.S. § 1056 — ME Code / Title 33 / Chapter 21 / Section 1056
33 §1056. Finder's rights when no owner appears
Status: in_force

If no owner appears within 6 months, such money or lost goods shall belong to the finder by paying 1/2 their value after deducting all necessary charges to the treasurer of said town; but if he neglects to pay it on demand, it may be recovered in an action brought by said treasurer in the name of the town.
33 M.R.S. § 1602-109 — ME Code / Title 33 / Chapter 31 / Section 1602-109
33 §1602-109. Plats and plans
Status: reserved

(a) Plats and plans are a part of the declaration. Separate plats and plans are not required by this Act if all the information required by this section is contained in either a plat or plan. Each plat and plan must be clear and legible, bear the seal and signature of the land surveyor, engineer or architect under whose direction the plat or plan was prepared. [PL 1981, c. 699 (NEW).]

(b) Each plat must show:

(1) The name and a survey or general schematic map of the entire condominium; [PL 1981, c. 699 (NEW).]

(2) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate; [PL 1981, c. 699 (NEW).]

(3) The location and dimensions of any real estate subject to development rights, labeled to identify the rights applicable to each parcel; [PL 1981, c. 699 (NEW).]

(4) The extent of any encroachments by or upon any portion of the condominium; [PL 1981, c. 699 (NEW).]

(5) The location and dimensions of all easements serving or burdening any portion of the condominium; [PL 1981, c. 699 (NEW).]

(6) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number; [PL 1981, c. 699 (NEW).]

(7) The location with reference to any established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) and that unit's identifying number; [PL 1981, c. 699 (NEW).]

(8) The location and dimensions of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate;" [PL 1981, c. 699 (NEW).]

(9) The distances and courses between noncontiguous parcels of real estate comprising the condominium; [PL 1981, c. 699 (NEW).]

(10) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in section 1602‑102 , paragraphs (2) and (4); and [PL 1981, c. 699 (NEW).]

(11) In the case of real estate not subject to development rights, other matters customarily shown on land surveys. [PL 1981, c. 699 (NEW).]

(c) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled "MUST BE BUILT" or "NEED NOT BE BUILT." [PL 1981, c. 699 (NEW).]

(d) To the extent not shown or projected on the plats, plans must show:

(1) The location and dimensions of the vertical boundaries of each unit, and that unit's identifying number; [PL 1981, c. 699 (NEW).]

(2) Any horizontal unit boundaries, with reference to established datum and the unit's identifying number; and [PL 1981, c. 699 (NEW).]

(3) Any units in which the declarant has reserved the right to create additional units or common elements, section 1602‑110, subsection (c), identified appropriately. [PL 1981, c. 699 (NEW).]

(e) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part, and need not be depicted on the plats and plans. [PL 1981, c. 699 (NEW).]

(f) Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b) and (c), or the declarant may record an affidavit that plats and plans previously recorded conform to the requirements of those subsections. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 652 — ME Code / Title 33 / Chapter 11 / Section 652
33 §652. Recording plans
Status: in_force

The county commissioners shall provide, at the expense of the several counties, suitable storage for plans with a minimum size of 11 by 17 and a maximum of 24 by 36 inches in dimension, for the preservation of such plans. [PL 2019, c. 439, §1 (AMD).]

A plan may not be accepted for recording unless all of the following criteria are met. The plan must: [PL 2019, c. 439, §1 (AMD).]

1. Materials. For a plan dated before January 1, 2020, be drawn upon strong linen cloth or polyester film with archival photographic image or white 20-pound paper. For a plan dated on or after January 1, 2020, the plan must be submitted on white paper with a minimum weight of 20 pounds; [PL 2019, c. 439, §1 (AMD).]

2. Seals. Be embossed, sealed or both, with the seal of an architect, professional engineer or professional land surveyor; [PL 2019, c. 439, §1 (AMD).]

3. Signature. Contain the signature and address of the person who prepared the plan; [PL 1991, c. 497, §1 (NEW).]

4. Recording information. Provide a register's block no smaller than 3 by 3 inches for recording the county, date, time, plan book and page or file number and register's attest; and [PL 2019, c. 439, §1 (AMD).]

5. Title. Provide a title block containing the name of the plan, the record owner's name and address, the location by street and town and the date of the plan. [PL 1991, c. 497, §1 (NEW).]

Paper plans submitted for recording must be rolled and not folded. The register may return plans that are not legible for recording and archival purposes and the processing of which may damage county equipment or resources. The register shall permanently file the original, create a digital image of the plan at a minimum of 300 dots per inch or 300 pixels per inch and maintain a copy for public inspection in paper or digital image form. Each plan must be maintained as a digital image stored on magnetic or optical media for archival purposes. Each register shall maintain an index of all plans on record in the register's office. [PL 2025, c. 239, §2 (AMD).]

The several registers shall establish, and thereafter adhere to, reasonable standards for the implementation of reproducing copies of original plans as recorded. Reproduction must be on a scale of one to one and must be accomplished with the least possible error and distortion. Methods of reproduction must be to standards in keeping with accepted engineering and survey practices. [PL 1991, c. 497, §1 (NEW).]
33 M.R.S. § 1604-118 — ME Code / Title 33 / Chapter 31 / Section 1604-118
33 §1604-118. Declarant's obligation to complete and restore
Status: reserved

(a) The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to section 1602‑109 . [PL 1981, c. 699 (NEW).]

(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the exercise of rights reserved pursuant to or created by sections 1602‑110 , 1602‑111 , 1602‑112 , 1602‑113 , 1602‑115 and 1602‑116 . [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1664 — ME Code / Title 33 / Chapter 32 / Section 1664
33 §1664. Powers of custodian
Status: in_force

1. Custodial capacity. A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only. [PL 1987, c. 734, §2 (NEW).]

2. Liability. This section does not relieve a custodian from liability for breach of section 1663 . [PL 1987, c. 734, §2 (NEW).]
33 M.R.S. § 1024 — ME Code / Title 33 / Chapter 20 / Section 1024
33 §1024. Other common law and statutory causes of action and relief still available
Status: in_force

Nothing in this chapter may be construed to abrogate any other causes of action or relief at law or equity to which elderly dependent persons are entitled under other laws or at common law. [PL 1987, c. 699, §1 (NEW).]
33 M.R.S. § 1603-106 — ME Code / Title 33 / Chapter 31 / Section 1603-106
33 §1603-106. Bylaws
Status: in_force

(a) The bylaws of the association must provide for:

(1) The number of members of the executive board and the titles of the officers of the association; [PL 1981, c. 699 (NEW).]

(2) Election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify; [PL 1981, c. 699 (NEW).]

(3) The qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies; [PL 1981, c. 699 (NEW).]

(4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent; [PL 1981, c. 699 (NEW).]

(5) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and [PL 1981, c. 699 (NEW).]

(6) The method of amending the bylaws. [PL 1981, c. 699 (NEW).]

(b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate. [PL 1981, c. 699 (NEW).]

(c) An association may not include in its bylaws or declaration, or any rule adopted pursuant to the bylaws or declaration, or any deed a restriction that prohibits a unit owner from displaying on that unit owner's unit a sign that supports or opposes a candidate for public office or a referendum question during the period from 6 weeks prior to the date that a primary or general election or special election is held regarding that candidate or referendum question to one week after the election for that political candidate or vote for that referendum question is held. [PL 2015, c. 271, §2 (NEW).]
33 M.R.S. § 2111 — ME Code / Title 33 / Chapter 45 / Section 2111
33 §2111. Definition of good faith
Status: in_force

In this subchapter, payment or delivery of property is made in good faith if a holder: [PL 2019, c. 498, §22 (NEW).]

1. Reasonable basis. Had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the administrator under this Act; or [PL 2019, c. 498, §22 (NEW).]

2. Payment or delivery. Made payment or delivery: A. In response to a demand by the administrator or administrator's agent; or [PL 2019, c. 498, §22 (NEW).] B. Under a guidance or ruling issued by the administrator that the holder reasonably believed required or permitted the property to be paid or delivered. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1905 — ME Code / Title 33 / Chapter 39 / Section 1905
33 §1905. Duties of filing officer
Status: in_force

1. Notices. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection 2 is presented for filing to: A. The Secretary of State, the filing officer shall cause the notice to be marked, held and indexed in accordance with Title 11, section 9‑1519 , as if the notice were a financing statement within the meaning of the Uniform Commercial Code, except that if the property is of a type in which a security interest is perfected under Title 5, section 90‑A , the Secretary of State shall cause the notice to be marked, held and indexed in accordance with the procedures established under Title 5, section 90‑A , as if the notice were a financing statement within the meaning of that section; or [PL 2003, c. 518, §5 (AMD).] B. A register of deeds, the filing officer shall receive, record and index the notice in the same manner as similar instruments are recorded and indexed. [PL 1989, c. 502, Pt. A, §121 (NEW).] [PL 2003, c. 518, §5 (AMD).]

2. Certificates. If a certificate of release, nonattachment, discharge, subordination or withdrawal of a filed notice of federal tax lien is presented for filing, the filing officer shall: A. Cause a certificate of release, nonattachment or withdrawal of a filed notice of federal tax lien to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code; and [PL 2003, c. 518, §5 (AMD).] B. Cause a certificate of discharge or subordination to be marked, held and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. [PL 2003, c. 518, §5 (AMD).] [PL 2003, c. 518, §5 (AMD).]

3. Refiled notices; register of deeds. [PL 2003, c. 518, §5 (RP).]

4. Filing; fees. [PL 2003, c. 518, §5 (RP).]

5. Method of communication. The filing officer shall accept liens described in this chapter in the method or medium authorized by the filing office in accordance with Title 11, Article 9‑A, Part 5 and rule of the appropriate filing office. [PL 2003, c. 518, §5 (NEW).]
33 M.R.S. § 2161 — ME Code / Title 33 / Chapter 45 / Section 2161
33 §2161. Verified report of property
Status: in_force

If a person does not file a report required by section 2091 or the administrator believes that a person may have filed an inaccurate, incomplete or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator. The verified report must: [PL 2019, c. 498, §22 (NEW).]

1. Reportable property. State whether the person is holding property reportable under this Act; [PL 2019, c. 498, §22 (NEW).]

2. Describe property. Describe property not previously reported or about which the administrator has inquired; [PL 2019, c. 498, §22 (NEW).]

3. Specifically identify disputed property. Specifically identify property described under subsection 2 about which there is a dispute whether it is reportable under this Act; and [PL 2019, c. 498, §22 (NEW).]

4. Amount or value. State the amount or value of the property. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2115 — ME Code / Title 33 / Chapter 45 / Section 2115
33 §2115. Recovery of property by holder from administrator
Status: in_force

1. Claim for reimbursement. A holder that under this Act pays money to the administrator may file a claim for reimbursement from the administrator of the amount paid if the holder: A. Paid the money in error; or [PL 2019, c. 498, §22 (NEW).] B. After paying the money to the administrator, paid money to a person the holder reasonably believed entitled to the money. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Proof instrument presented and paid. If a claim for reimbursement under subsection 1 is made for a payment made on a negotiable instrument, including a traveler's check, money order or similar instrument, the holder must submit proof that the instrument was presented and payment was made to a person the holder reasonably believed entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute or court order. [PL 2019, c. 498, §22 (NEW).]

3. Income or gain. If a holder is reimbursed by the administrator under subsection 1, paragraph B , the holder may also recover from the administrator income or gain under section 2117 that would have been paid to the owner if the money had been claimed from the administrator by the owner to the extent the income or gain was paid by the holder to the owner. [PL 2019, c. 498, §22 (NEW).]

4. Property other than money, claim for return. A holder that under this Act delivers property other than money to the administrator may file a claim for return of the property from the administrator if: A. The holder delivered the property in error; or [PL 2019, c. 498, §22 (NEW).] B. The apparent owner has claimed the property from the holder. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

5. Evidence property claimed. If a claim for return of property under subsection 4 is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the administrator in error. [PL 2019, c. 498, §22 (NEW).]

6. Affidavit sufficient. The administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section. [PL 2019, c. 498, §22 (NEW).]

7. No fee or other charge. A holder is not required to pay a fee or other charge for reimbursement or return of property under this section. [PL 2019, c. 498, §22 (NEW).]

8. Determination on claim. Not later than 90 days after a claim is filed under subsection 1 or 4 , the administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the administrator does not take action on a claim during the 90-day period, the claim is deemed denied. [PL 2019, c. 498, §22 (NEW).]

9. Claim in Superior Court. A person aggrieved by a decision of the administrator may maintain an original action to establish the claim in the Superior Court of Kennebec County naming the administrator as a defendant. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2070 — ME Code / Title 33 / Chapter 45 / Section 2070
33 §2070. Indication of apparent owner
Status: in_force

1. Period of abandonment. The period after which property is presumed abandoned is measured from the later of: A. The date the property is presumed abandoned under this subchapter; and [PL 2019, c. 498, §22 (NEW).] B. The latest indication of interest by the apparent owner in the property. [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Indication of interest. Under this Act, an indication of an apparent owner's interest in property includes: A. A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held; [PL 2019, c. 498, §22 (NEW).] B. An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner’s communication; [PL 2019, c. 498, §22 (NEW).] C. Presentment by the apparent owner of a check or other instrument of payment of a dividend, interest payment or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security or interest in a business association; [PL 2019, c. 498, §22 (NEW).] D. Activity by the apparent owner in the account in which the property is held, including accessing the account balance, or a request by the apparent owner to increase, decrease or otherwise change the amount or type of property held in the account; [PL 2019, c. 498, §22 (NEW).] E. A deposit into or withdrawal from an account at a financial organization by the apparent owner, including an automatic withdrawal previously authorized but not including an automatic reinvestment of dividends or interest or an automatic withdrawal of disclosed fees; [PL 2021, c. 41, §2 (AMD).] F. Subject to subsection 4 , payment by the apparent owner of a premium on an insurance policy; and [PL 2019, c. 498, §22 (NEW).] G. For deposits in which the apparent owner has another relationship or account with the holder: (1) The fact that the apparent owner has indicated interest with respect to the other relationships or accounts; or (2) The fact that there is a memorandum or other record on file prepared by the holder indicating that the holder has communicated in writing with the apparent owner with regard to the deposit at the address to which communications regarding the other relationships or deposits are regularly sent. [PL 2019, c. 498, §22 (NEW).] [PL 2021, c. 41, §2 (AMD).]

3. Action of agent. Action by an agent of an apparent owner, other than the holder acting as the apparent owner's agent, is presumed to be an action on behalf of the apparent owner. [PL 2019, c. 498, §22 (NEW).]

4. Nonforfeiture provision. Application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy is not an indication of interest in the policy and does not prevent the policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds before depletion of the cash surrender value of the policy by application of the provision. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 601 — ME Code / Title 33 / Chapter 11 / Section 601
33 §601. Election of register; vacancies
Status: in_force

A register of deeds shall be elected for each county and in each registry district by the legally qualified voters thereof, who shall serve for a term of 4 years. [PL 1975, c. 445, §1 (RPR).]

Vacancies caused by death, resignation, removal from the county, permanent incapacity as defined in Title 30‑A, section 1, subsection 2‑A or any other reason must be filled for the unexpired term by election as provided for in section 602 at the next general election, as defined in Title 21‑A, section 1, subsection 19 , after their occurrence. In the meantime, the Governor may fill vacancies by appointment, and the person so appointed shall hold office until the first day of January next after the election. Until a vacancy is filled by appointment by the Governor, the deputy register serves as acting register as provided in section 605 . [PL 1995, c. 683, §8 (AMD).]

In the case of a vacancy in the term of a register of deeds who was nominated by primary election before the general election, the register of deeds appointed by the Governor must be enrolled in the same political party as the register of deeds whose term is vacant. In making the appointment, the Governor shall choose from any recommendations submitted by the county committee of the political party from which the appointment is to be made. [PL 1995, c. 245, §7 (NEW).]
33 M.R.S. § 460 — ME Code / Title 33 / Chapter 7 / Section 460
33 §460. Conveyance of land abutting a road or way
Status: in_force

A conveyance of land which abuts a town or private way, county road, highway or proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds shall be deemed to convey all of the grantor's interest in the portion of the road or way which abuts the land, except: [PL 1987, c. 385, §3 (RPR).]

1. Proposed, unaccepted ways. With respect to a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds, those rights provided to owners of other lots in the subdivision by Title 23, section 3031 ; and [PL 1987, c. 385, §3 (NEW).]

2. All roads and ways. With respect to a town or private way, county road or highway, an easement of access necessary to provide ingress and egress to property adjoining the town or private way, county road or highway which shall be preserved, unless the grantor expressly reserves his title to the road or way by a specific reference to the road or way contained in the conveyance. [PL 1987, c. 385, §3 (NEW).]
33 M.R.S. § 766 — ME Code / Title 33 / Chapter 12 / Section 766
33 §766. Quitclaim covenant or limited covenant
Status: in_force

In a conveyance of real estate the words "quitclaim covenant" shall have the full force, meaning and effect of the following words: "The grantor covenants with the grantee, his heirs and assigns that he will warrant and forever defend the premises to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through or under him." [PL 1967, c. 377 (NEW).]
33 M.R.S. § 481 — ME Code / Title 33 / Chapter 8 / Section 481
33 §481. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 368 (NEW).]

1. Down payment. "Down payment" means the payment made by the purchaser to the vendor on account of the purchase price at or before the time of the execution of a land installment contract. [PL 1983, c. 368 (NEW).]

2. Land installment contract. "Land installment contract" means an agreement under which the vendor agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in 5 or more subsequent payments exclusive of the down payment, if any, and the vendor retains title to the property as security for the purchaser's obligation under the agreement. Land installment contracts do not include option contracts for the purchase of real property or purchase and sale agreements entered into with the good faith expectation of a separate transaction in which a 3rd party or the seller agrees to finance the purchase price in a single installment. [PL 1983, c. 368 (NEW).]

3. Property. "Property" means improved real property located in this State, sold to be occupied as a dwelling. [PL 1983, c. 368 (NEW).]

4. Purchaser. "Purchaser" means an individual who purchases property subject to a land installment contract, or any legal successor in interest to him, regardless of whether the individual has entered into an agreement as to extension, default or refund. [PL 1983, c. 368 (NEW).]

5. Vendor. "Vendor" means a person who makes a sale of property by means of a land installment contract or his successor in interest. [PL 1983, c. 368 (NEW).]
33 M.R.S. § 209 — ME Code / Title 33 / Chapter 7 / Section 209
33 §209. Incorporating master form
Status: in_force

Thereafter any of the provisions of such master form instrument may be incorporated by reference in any mortgage, or deed of trust, of real estate situated within this State, if such reference in the mortgage, or deed of trust, states that the master form instrument was recorded in the county in which the mortgage, or deed of trust, is offered for record, the date when and the book and page or pages where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the mortgage, or deed of trust. The recording of any mortgage, or deed of trust, which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been set forth fully in the mortgage, or deed of trust. [PL 1967, c. 107 (NEW).]
33 M.R.S. § 1552 — ME Code / Title 33 / Chapter 29 / Section 1552
33 §1552. Preservation interests authorized; enforcement; release
Status: in_force

A preservation interest is the right of a qualified holder to control the treatment of historic property so that its historical integrity is preserved. The preservation interest entitles representatives of a qualified holder to enter the property in a reasonable manner and at reasonable times to assure compliance. [PL 1979, c. 389 (NEW).]

The preservation interest may be enforced by injunction or other proceeding at law or in equity. No preservation interest may be unenforceable on account of lack of privity of estate or contract or lack of benefit to particular land or on account of being assignable or being assigned to any other qualified holder. [PL 1979, c. 389 (NEW).]

A preservation interest may be released in whole or in part by the qualified holder for such consideration, if any, as the holder may determine, in the same manner as the holder may dispose of any interests in property, subject to the conditions of the preservation agreement. [PL 1979, c. 389 (NEW).]
33 M.R.S. § 206 — ME Code / Title 33 / Chapter 7 / Section 206
33 §206. Recording by compulsion
Status: in_force

A person having an interest in real estate of which any prior grantee has an unrecorded deed or other evidence of title may give the latter personal notice in writing to have the same recorded. If he neglects to have it so recorded for 30 days, the Superior Court, on complaint, may cause said grantee or his heirs to be brought before it for examination and, unless sufficient cause is shown for such neglect, may order such deed or other evidence of title to be recorded, and the cost paid by the defendant, together with the legal fees of the register for recording such deed or other evidence of title.
33 M.R.S. § 2212 — ME Code / Title 33 / Chapter 45 / Section 2212
33 §2212. Confidential information
Status: in_force

1. Confidential. Except as otherwise provided in this Act, the following are confidential and exempt from public inspection and disclosure: A. Records of the administrator and the administrator's agent related to the administration of this Act; [PL 2019, c. 498, §22 (NEW).] B. Reports and records of a holder in the possession of the administrator or the administrator's agent; [PL 2019, c. 498, §22 (NEW).] C. Personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator's agent from an examination under this Act of the records of a person; and [PL 2019, c. 498, §22 (NEW).] D. The identity of a person subject to an examination under section 2162 . [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Continues to be confidential. A record or other information that is confidential under the laws of this State other than this Act, of another state or of the United States continues to be confidential when disclosed or delivered under this Act to the administrator or administrator's agent. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1603-113 — ME Code / Title 33 / Chapter 31 / Section 1603-113
33 §1603-113. Insurance
Status: in_force

(a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available:

(1) Property insurance on the common elements, insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion condominium, against fire and extended coverage perils. The total amount of insurance after application of any deductibles shall be not less than 80% of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies; and [PL 1981, c. 699 (NEW).]

(2) Liability insurance, including medical payments' insurance, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the common elements. [PL 1981, c. 699 (NEW).]

(b) The insurance maintained under subsection (a), paragraph (1), to the extent reasonably available, may, and in the case of buildings containing units having horizontal boundaries between them, shall include the units, but need not include improvements and betterments installed by unit owners. [PL 1981, c. 699 (NEW).]

(c) If the insurance described in subsection (a) is not reasonably available, the association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States' mail to all unit owners. The declaration may require the association to carry any other insurance, and the association in any event may carry any other insurance it deems appropriate to protect the association or the unit owners. [PL 1981, c. 699 (NEW).]

(d) Insurance policies carried pursuant to subsection (a) must provide that:

(1) Each unit owner is an insured person under the policy with respect to liability arising out of his ownership of an undivided interest in the common elements or membership in the association; [PL 1981, c. 699 (NEW).]

(2) The insurer waives its right to subrogation under the policy against any unit owner of the condominium or members of his household; [PL 1981, c. 699 (NEW).]

(3) No act or omission by any unit owner, unless acting within the scope of his authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and [PL 1981, c. 699 (NEW).]

(4) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association's policy provides primary insurance. [PL 1981, c. 699 (NEW).]

(e) Any loss covered by the property policy under subsection (a), paragraph (1), and subsection (b) shall be adjusted with the association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any mortgagee. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and lien holders as their interest may appear. Subject to the provisions of subsection (h), the proceeds shall be disbursed first for the repair or restoration of the damaged property, and unit owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the common elements and units have been completely repaired or restored, or the condominium is terminated. [PL 1981, c. 699 (NEW).]

(f) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for his own benefit. [PL 1981, c. 699 (NEW).]

(g) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon request, to any unit owner or mortgagee. The insurer issuing the policy may not cancel or refuse to renew it until 20 days after notice of the proposed cancellation or nonrenewal has been mailed to the association, each unit owner and each mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last known addresses. [PL 1981, c. 699 (NEW).]

(h) Any portion of the condominium for which insurance is required under this section which is damaged or destroyed shall be repaired or replaced promptly by the association unless: (1) The condominium is terminated; (2) repair or replacement would be illegal under any state or local health or safety statute or ordinance; or (3) 80% of the unit owners, including every owner of a unit or assigned limited common element which will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced: (1) The insurance proceeds attributable to the damaged common elements shall be used to restore the damaged area to a condition compatible with the remainder of the condominium; (2) the insurance proceeds attributable to units and limited common elements which are not rebuilt shall be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated or to their respective lien holders as their interests may appear; and (3) the remainder of the proceeds shall be distributed to all the unit owners or lien holders as their interests may appear in proportion to the common element interests of all the unit owners. If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under section 1601‑107 , subsection (a), and the association promptly shall prepare, execute and record an amendment to the declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, section 1602‑118 governs the distribution of insurance proceeds if the condominium is terminated. [PL 1981, c. 699 (NEW).]

(i) The provisions of this section may be varied or waived in the case of a condominium all of whose units are restricted to nonresidential use. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 479-B — ME Code / Title 33 / Chapter 7 / Section 479-B
33 §479-B. Uniformity of application and construction
Status: in_force

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the subchapter among states enacting it. [PL 1985, c. 395, §3 (NEW).]
33 M.R.S. § 483 — ME Code / Title 33 / Chapter 8 / Section 483
33 §483. Prohibited acts
Status: in_force

1. Bad faith avoidance. A person may not in bad faith attempt to avoid the application of this chapter including engaging in subterfuge or designing or structuring a transaction with the purpose of evading the provisions of this chapter. [PL 2021, c. 350, §3 (NEW).]

2. Survival of foreclosure. A land installment contract may not require a purchaser to enter into a promissory note or any other financial instrument or obligation that survives the foreclosure of the purchaser's interest in the real estate, or enforce any such obligation, unless: A. The term of the promissory note does not exceed the term of the land installment contract; [PL 2021, c. 350, §3 (NEW).] B. Payments of principal made during the term of the promissory note are credited to reduce the principal due on the note; and [PL 2021, c. 350, §3 (NEW).] C. After obtaining a judgment for foreclosure and the expiration of the period of redemption set forth in Title 14, section 6203‑F , the vendor conducts a sale in the same manner as required for a mortgagee in Title 14, section 6323 and complies with the provisions of Title 14, section 6324 except with the equity of redemption being 60 days. [PL 2021, c. 350, §3 (NEW).] [PL 2021, c. 350, §3 (NEW).]
33 M.R.S. § 805 — ME Code / Title 33 / Chapter 13 / Section 805
33 §805. Technical definition
Status: in_force

1. Maine Coordinate System of 1927. For purposes of more precisely defining the Maine Coordinate System of 1927, the following definition by the United States Coast and Geodetic Survey, now National Ocean Survey and the National Geodetic Survey, is adopted. The "Maine Coordinate System of 1927 East Zone" is a transverse Mercator projection of the Clark spheroid of 1866, having a central meridian 68`30' west of Greenwich, on which meridian the scale is set one part in 10,000 too small. The origin of the coordinates is at the intersection of the meridian 68`30' west of Greenwich and the parallel 43`50' north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet. The "Maine Coordinate System of 1927 West Zone" is a transverse Mercator projection of the Clark spheroid of 1866, having central meridian 70`10' west of Greenwich on which meridian the scale is set one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 70`10' west of Greenwich and the parallel 42`50' north latitude. The origin is given the coordinates: x = 500,000 feet and y = 0 feet. [PL 1981, c. 156 (NEW).]

2. Maine Coordinate System of 1983. For purposes of more precisely defining the Maine Coordinate System of 1983, the following definition by the National Ocean Survey and the National Geodetic Survey is adopted. The "Maine Coordinate System of 1983 East Zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 68`30' west of Greenwich on which meridian the scale is set one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 68`30' west of Greenwich and the parallel 43`40' north latitude. This origin is given the coordinates: x = 300,000 meters and y = 0 meters. The "Maine Coordinate System of 1983 West Zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 70`10' west of Greenwich, on which meridian the scale is set one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 70`10' west of Greenwich and the parallel 42`50' north latitude. This origin is given the coordinates: x = 900,000 meters and y = 0 meters. [PL 1981, c. 156 (NEW).]

3. Maine Coordinate System of 2000. The Maine Coordinate System of 2000 is defined in accordance with the following: A. The "Maine Coordinate System of 2000 West Zone" is a transverse Mercator projection of the North American Datum of 1983 (NAD83), as referenced to the most recent National Spatial Reference System as published by the National Geodetic Survey, having a central meridian 70` 22' 30" west of Greenwich on which meridian the scale is set one part in 50,000 too small. The origin of coordinates is at the intersection of the meridian 70` 22' 30" west of Greenwich and the parallel 42` 50' 00" north latitude. This origin is given the coordinates: Easting =x = 300,000 meters and Northing =y = 0 meters; [PL 1999, c. 689, §4 (NEW); PL 1999, c. 689, §7 (AFF).] B. The "Maine Coordinate System of 2000 Central Zone" is a transverse Mercator projection of the North American Datum of 1983 (NAD83), as referenced to the most recent National Spatial Reference System as published by the National Geodetic Survey, having a central meridian 69` 07' 30" west of Greenwich on which meridian the scale is set one part in 50,000 too small. The origin of coordinates is at the intersection of the meridian 69` 07' 30" west of Greenwich and the parallel 43` 30' 00" north latitude. This origin is given the coordinates: Easting =x = 500,000 meters and Northing =y = 0 meters; and [PL 1999, c. 689, §4 (NEW); PL 1999, c. 689, §7 (AFF).] C. The "Maine Coordinate System of 2000 East Zone" is a transverse Mercator projection of the North American Datum of 1983 (NAD83), as referenced to the most recent National Spatial Reference System as published by the National Geodetic Survey, having a central meridian 67` 52' 30" west of Greenwich on which meridian the scale is set one part in 50,000 too small. The origin of coordinates is at the intersection of the meridian 67` 52' 30" west of Greenwich and the parallel 43` 50' 00" north latitude. This origin is given the coordinates: Easting =x = 700,000 meters and Northing =y = 0 meters. [PL 1999, c. 689, §4 (NEW); PL 1999, c. 689, §7 (AFF).] [PL 1999, c. 689, §4 (NEW); PL 1999, c. 689, §7 (AFF).]
33 M.R.S. § 1604-109 — ME Code / Title 33 / Chapter 31 / Section 1604-109
33 §1604-109. Escrow of deposits
Status: in_force

Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant to section 1604‑102 , subsection (c) shall be placed in escrow by declarant and held either in this State or in the state where the unit is located in an account designated solely for that purpose by a licensed title insurance company, an attorney, a licensed real estate broker or an institution whose accounts are insured by a governmental agency or instrumentality until: (1) Delivered to the declarant at closing; (2) Delivered to the declarant because of purchaser's default under a contract to purchase the unit; or (3) Refunded to the purchaser. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 2192 — ME Code / Title 33 / Chapter 45 / Section 2192
33 §2192. Interstate and international agreement; cooperation
Status: in_force

1. Exchange or examination. Subject to subsection 2 , the administrator may: A. Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and [PL 2019, c. 498, §22 (NEW).] B. Authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine the administrator's records of a putative holder as provided in subchapter 10 . [PL 2019, c. 498, §22 (NEW).] [PL 2019, c. 498, §22 (NEW).]

2. Confidentiality and security protections. An exchange or examination under subsection 1 may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in subchapter 14 or agrees in a record to be bound by this State's confidentiality and security requirements. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 302 — ME Code / Title 33 / Chapter 7 / Section 302
33 §302. Witness dead or absent
Status: in_force

When the witnesses are dead or out of the State, the handwriting of the grantor and subscribing witness may be proved by other testimony.
33 M.R.S. § 2087 — ME Code / Title 33 / Chapter 45 / Section 2087
33 §2087. Burden of proof to establish administrator's right to custody
Status: in_force

Subject to subchapter 4 and section 2165 , if the administrator asserts a right to custody of unclaimed property and there is a dispute concerning the property, the administrator has the burden of proving: [PL 2019, c. 498, §22 (NEW).]

1. Amount. The amount of the property; [PL 2019, c. 498, §22 (NEW).]

2. Presumed abandoned. That the property is presumed abandoned; and [PL 2019, c. 498, §22 (NEW).]

3. Custody of the administrator. That the property is subject to the custody of the administrator. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 133 — ME Code / Title 33 / Chapter 6-A / Section 133
33 §133. Judicial actions
Status: in_force

1. Owners; qualified holders. An action affecting a working waterfront covenant may be brought or intervened in by: A. An owner of an interest in the real property burdened by the covenant; [PL 2005, c. 574, §1 (NEW).] B. A qualified holder of the benefit of the working waterfront covenant; [PL 2005, c. 574, §1 (NEW).] C. The municipality in which the real property burdened by the covenant is located; or [PL 2005, c. 574, §1 (NEW).] D. The Attorney General. [PL 2005, c. 574, §1 (NEW).] [PL 2005, c. 574, §1 (NEW).]

2. Power of court. The court has the following powers. A. The court may enforce a working waterfront covenant by injunction or other proceeding at law or in equity. [PL 2005, c. 574, §1 (NEW).] B. Acting in accordance with charitable trust principles, the court may modify, terminate or deny equitable enforcement of a working waterfront covenant in an action brought by a party pursuant to subsection 1 . In taking such an action, the court must find that, due to a change in circumstance, the covenant no longer serves the public interest in protecting or enhancing the commercial marine fisheries 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 Marine Resources. [PL 2005, c. 574, §1 (NEW).] C. If the court modifies, terminates or denies equitable enforcement of a working waterfront covenant, the court may order payment by the landowner of money or other damages to the holder or the State, which shall apply the same in a manner consistent with the purposes of this law as approved by the court. [PL 2005, c. 574, §1 (NEW).] [PL 2005, c. 574, §1 (NEW).]

The fact that a working waterfront property might be used for more valuable economic purposes may not be considered in determining whether a working waterfront covenant is no longer in the public interest. [PL 2005, c. 574, §1 (NEW).]
33 M.R.S. § 567 — ME Code / Title 33 / Chapter 10 / Section 567
33 §567. Certain work prohibited
Status: in_force

No unit owner shall do any work which may jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement, right, appurtenance or other hereditament constituting a common area and facility without the unanimous consent of all the other unit owners. [PL 1965, c. 357 (NEW).]
33 M.R.S. § 163 — ME Code / Title 33 / Chapter 7 / Section 163
33 §163. Private transfer fee obligations void and unenforceable
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Private transfer fee" means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such a transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price or other consideration given for the transfer. "Private transfer fee" does not include: (1) Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development or sale of the property, if such consideration is payable on a one-time basis only and the obligation to make such payment does not bind successors in title to the property; (2) Any commission payable to a licensed real estate broker or real estate brokerage agency for the transfer of real property pursuant to an agreement between the broker or agency and the grantor or the grantee; (3) Any interest, charges, fees or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property; (4) Any rent, reimbursement, charge, fee or other amount payable by a lessee to a lessor under a lease or license, including, but not limited to, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance or transfer of the lease or license; (5) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing or not exercising the option or right upon the transfer of the property to another person; (6) Any tax, fee, charge, assessment, fine, dues or other amount payable to or imposed by a governmental authority; (7) Any fee, charge, assessment, fine or other amount payable to a homeowners association, condominium owners association, cooperative, mobile home owners association or property owners association pursuant to a declaration or covenant or law applicable to such an association for the maintenance, improvements, services or expenses related to real property that is owned, used or enjoyed in common by the members; (8) Any fee, charge, assessment, dues, fine, contribution or other amount pertaining solely to the purchase or transfer of a club membership relating to real property owned by a club member, including, but not limited to, any amount determined by reference to the value, purchase price or other consideration given for the transfer of the real property; (9) Any obligations created pursuant to affordable housing covenants under chapter 6 or working waterfront covenants under chapter 6‑A ; or (10) Any fee payable, upon a transfer of real property, to a nonprofit corporation, organization or trust organized under the laws of this State, if the sole purpose of the corporation, organization or trust is to support cultural, educational, charitable, recreational, conservation, preservation or similar activities benefiting the real property being transferred and the fee is used exclusively to fund such activities. [PL 2011, c. 200, §1 (NEW).] B. "Private transfer fee obligation" means an obligation arising under a declaration or covenant recorded against the title to real property or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in the real property. [PL 2011, c. 200, §1 (NEW).] C. "Transfer" means the sale, gift, grant, conveyance, lease, license, assignment, inheritance or other act resulting in a transfer of an ownership interest in real property located in this State. [PL 2011, c. 200, §1 (NEW).] [PL 2011, c. 200, §1 (NEW).]

2. Void and unenforceable. A private transfer fee obligation recorded or entered into in connection with real property located in this State on or after the effective date of this section does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, mortgagee or holder of any interest in real property as an equitable servitude or otherwise. A private transfer fee obligation that is recorded or entered into in connection with real property located in this State on or after the effective date of this section is void and unenforceable. This subsection may not be construed to mean that a private transfer fee obligation recorded or entered into in connection with real property located in this State before the effective date of this section is presumed valid and enforceable. [PL 2011, c. 200, §1 (NEW).]

3. Liability for violation. A person who records, or enters into, an agreement imposing a private transfer fee obligation in that person's favor after the effective date of this section is liable for all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including, but not limited to, the amount of any private transfer fee paid by a party to the transfer and all attorney's fees, expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title. When an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability must be assessed to the principal rather than the agent. [PL 2011, c. 200, §1 (NEW).]

4. Effect of transfer of certain interests in real property. A transfer, on or after the effective date of this section, of an interest in real property subject to a private transfer fee obligation recorded or entered into prior to the effective date of this section does not constitute the recording or entering into of a new private transfer fee obligation on or after the effective date of this section. [PL 2011, c. 200, §1 (NEW).]

5. Disclosure. The following provisions govern the disclosure of private transfer fee obligations. A. A contract for the sale of real property subject to a private transfer fee obligation must include a provision disclosing the existence of that obligation and a description of that obligation. A contract for the sale of real property that does not conform to the requirements of this paragraph is not enforceable by the seller, and the buyer is not liable to the seller for damages under such a contract and is entitled to the return of any deposits made under that contract. [PL 2011, c. 200, §1 (NEW).] B. When a private transfer fee obligation is not disclosed as required by paragraph A and a buyer subsequently discovers the existence of the private transfer fee obligation after title to the real property has passed to the buyer, the buyer has the right to recover against the seller all damages resulting from the failure to disclose the private transfer fee obligation, including, but not limited to, the amount of any private transfer fee paid by the buyer and the difference between the market value of the real property subject to the private transfer fee obligation and the market value of the real property if the real property were not subject to the private transfer fee obligation. The buyer is also entitled to recover all attorney's fees, expenses and costs incurred in seeking the remedies under this subsection. [PL 2011, c. 200, §1 (NEW).] C. Any provision in a contract for the sale of real property that purports to waive the rights of a buyer under this subsection is void. [PL 2011, c. 200, §1 (NEW).] [PL 2011, c. 200, §1 (NEW).]
33 M.R.S. § 502 — ME Code / Title 33 / Chapter 9 / Section 502
33 §502. Entry by mortgagee
Status: in_force

A mortgagee, or person claiming under him, may enter on the premises or recover possession thereof, before or after breach of condition, when there is no agreement to the contrary. In such case, if the mortgage is afterwards redeemed, the amount of the clear rents and profits from the time of taking possession shall be accounted for and deducted from the sum due on the mortgage.
33 M.R.S. § 451 — ME Code / Title 33 / Chapter 7 / Section 451
33 §451. Rights of aliens
Status: in_force

An alien may take, hold, convey and devise real estate or any interest therein. All conveyances and devises of such estate or interest already made by or to an alien are valid.
33 M.R.S. § 2094 — ME Code / Title 33 / Chapter 45 / Section 2094
33 §2094. Retention of records by holder
Status: in_force

A holder required to file a report under section 2091 shall retain records for 10 years after the date the report was filed or the last date a timely report was due to be filed, whichever is later, unless a shorter period is provided by rule of the administrator. The holder may satisfy the requirement to retain records under this section through an agent. The records must contain: [PL 2019, c. 498, §22 (NEW).]

1. Required information. The information required to be included in the report; [PL 2019, c. 498, §22 (NEW).]

2. Date, place, nature of circumstances. The date, place and nature of the circumstances that gave rise to the property right; [PL 2019, c. 498, §22 (NEW).]

3. Amount or value. The amount or value of the property; [PL 2019, c. 498, §22 (NEW).]

4. Last known address of apparent owner. The last known address of the apparent owner, if known to the holder; [PL 2019, c. 498, §22 (NEW).]

5. Items not reported unclaimed. Records of items that were not reported as unclaimed sufficient to allow examination to determine whether the holder has complied with the Act; and [PL 2019, c. 498, §22 (NEW).]

6. Record of outstanding instruments. If the holder sells, issues or provides to others for sale or issue in this State traveler's checks, money orders or similar instruments, other than 3rd-party bank checks, on which the holder is directly liable, a record of the instruments while they remain outstanding indicating the state and date of issue. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1654 — ME Code / Title 33 / Chapter 32 / Section 1654
33 §1654. Nomination of custodian
Status: in_force

1. Revocable nomination. A person having the right to designate the recipient of property transferrable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words "as custodian for (name of minor) under the Maine Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights. [PL 1987, c. 734, §2 (NEW).]

2. Who may serve. A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under section 1660, subsection 1 . [PL 1987, c. 734, §2 (NEW).]

3. Effect of nomination. The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 1660 . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to section 1660 . [PL 1987, c. 734, §2 (NEW).]
33 M.R.S. § 1604-104 — ME Code / Title 33 / Chapter 31 / Section 1604-104
33 §1604-104. Public offering statement; condominiums subject to development rights
Status: reserved

If the declaration provides that a condominium is subject to any development rights, the public offering statement shall disclose, in addition to the information required by section 1604‑103 : [PL 1981, c. 699 (NEW).]

(1) The maximum number of units, and the maximum number of units per acre, that may be created; [PL 1981, c. 699 (NEW).]

(2) A statement of how many or what percentage of the units which may be created will be restricted exclusively to residential use, or a statement that no representations are made regarding use restrictions; [PL 1981, c. 699 (NEW).]

(3) If any of the units that may be built within real estate subject to development rights are not to be restricted exclusively to residential use, a statement, with respect to each portion of that real estate, of the maximum percentage of the floor areas of all units that may be created therein, that are not restricted exclusively to residential use; [PL 1981, c. 699 (NEW).]

(4) A brief narrative description of any development rights reserved by a declarant and of any conditions relating to or limitations upon the exercise of development rights; [PL 1981, c. 699 (NEW).]

(5) A statement of the maximum extent to which each unit's allocated interests may be changed by the exercise of any development right described in subsection (4); [PL 1983, c. 78, §5 (AMD).]

(6) A statement of the extent to which any buildings or other improvements that may be erected pursuant to any development right in any part of the condominium will be compatible with existing buildings and improvements in the condominium in terms of architectural style, quality of construction and size, or a statement that no assurances are made in those regards; [PL 1981, c. 699 (NEW).]

(7) General descriptions of all other improvements that may be made and limited common elements that may be created within any part of the condominium pursuant to any development right reserved by the declarant, or a statement that no assurances are made in that regard; [PL 1981, c. 699 (NEW).]

(8) A statement of any limitations as to the locations of any building or other improvement that may be made within any part of the condominium pursuant to any development right reserved by the declarant, or a statement that no assurances are made in that regard; [PL 1981, c. 699 (NEW).]

(9) A statement that any limited common elements created pursuant to any development right reserved by the declarant will be of the same general types and sizes as the limited common elements within other parts of the condominium, or a statement of the types and sizes planned, or a statement that no assurances are made in that regard; [PL 1981, c. 699 (NEW).]

(10) A statement that the proportion of limited common elements to units created pursuant to any development right reserved by the declarant will be approximately equal to the proportion existing within other parts of the condominium, or a statement of any other assurances in that regard, or a statement that no assurances are made in that regard; [PL 1981, c. 699 (NEW).]

(11) A statement that all restrictions in the declaration affecting use, occupancy and alienation of units will apply to any units created pursuant to any development right reserved by the declarant, or a statement of any differentiations that may be made as to those units, or a statement that no assurances are made in that regard; and [PL 1981, c. 699 (NEW).]

(12) A statement of the extent to which any assurances made pursuant to this section apply or do not apply in the event that any development right is not exercised by the declarant. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 1602-119 — ME Code / Title 33 / Chapter 31 / Section 1602-119
33 §1602-119. Rights of secured lenders
Status: in_force

(a) The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:

(1) Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board; or [PL 1981, c. 699 (NEW).]

(2) Prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds pursuant to section 1603‑113 . [PL 1981, c. 699 (NEW).]

(b) The association shall send reasonable prior written notice by prepaid United States mail to eligible mortgage holders as hereinafter defined of the consideration by the association of following proposed actions:

(1) The termination of the condominium pursuant to section 1602‑118 ; [PL 1981, c. 699 (NEW).]

(2) A change in the allocated interest of a unit, a change in the boundaries of a unit or a subdivision of a unit; [PL 1981, c. 699 (NEW).]

(3) The merger or consolidation of the condominium with another condominium; [PL 1981, c. 699 (NEW).]

(4) The conveyance or subjection to a security interest of any portion of the common elements; [PL 1981, c. 699 (NEW).]

(5) The proposed use of any proceeds of hazard insurance required to be maintained by the association under section 1603‑113 , subsection (a), for purposes other than the repair or restoration of the damaged property; [PL 1981, c. 699 (NEW).]

(6) The adoption of any proposed budget by the executive board under section 1603‑103 , subsection (c), and of the date of the scheduled unit owners meeting to consider ratification thereof; a summary of the proposed budget shall accompany this notice; and [PL 1981, c. 699 (NEW).]

(7) Any default in the performance or payment by a unit owner of any obligations under the condominium declaration, including, without limitation, default in the payment of common expense liabilities. An "eligible mortgage holder" means the holder of a recorded first mortgage on a unit which has delivered written notice to the association by prepaid United States mail, return receipt requested, or by delivery in hand securing a receipt therefor, which notice shall state the mortgagee's name and address, the unit owner's name and address, and the identifying number of the unit, and shall state that the mortgage is a recorded first mortgage. Such notice shall be deemed to have been given reasonably prior to the proposed action if sent at the time notice thereof is given to the unit owners. In addition, the declaration may require that similar notice be given to other persons or of other proposed actions. [PL 1981, c. 699 (NEW).]

(c) In the event of any proposed actions described in subsection (b), paragraphs (1), (2), (3), (4) or (5), an eligible mortgage holder shall have the right but not the obligation in place of the unit owner to cast the votes allocated to that unit or give or withhold any consent required of the unit owner for such action by delivering written notice to the association with a copy to the unit owner prior to or at the time of the taking of the proposed action, which notice shall be sent by prepaid United States mail, return receipt requested, or by delivery in hand. Failure of the eligible mortgage holder to so exercise such rights shall constitute a waiver thereof and shall not preclude the unit owner from exercising such right. In the event of any default described in subsection (b), paragraph (7), the eligible mortgage holder shall have the right but not the obligation to cure such default. [PL 1981, c. 699 (NEW).]

(d) In addition, an eligible mortgage holder, or its representative, shall have the right to attend association and executive board meetings for the purposes of discussing the matters described in subsection (b), paragraphs (1) to (6). [PL 1981, c. 699 (NEW).]
33 M.R.S. § 593 — ME Code / Title 33 / Chapter 10-A / Section 593
33 §593. Taxation of time-share estates
Status: in_force

Notwithstanding the provisions of sections 579 and 580 , taxation of time-share estates shall be determined according to this section. [PL 1983, c. 407, §1 (NEW).]

1. Creation of estates. Notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated time periods creates an estate in fee simple having the character and incidents of such an estate at common law, and a grant of an estate in a unit conferring the right of possession during 3 or more separated time periods over a finite number of years equal to 3 or more, including renewal options, creates an estate for years having the character and incidents of such an estate at common law. [PL 1983, c. 407, §1 (NEW).]

2. Time-share estates as separate estates. Each time-share estate constitutes for all purposes a separate estate in real property. Each time-share estate must be separately assessed and taxed. In addition to other factors relevant to the valuation of a time-share estate considered by the assessor, the assessor may consider the real property value of the time-share estate declared in the declaration of value, if any, submitted under Title 36, section 4641‑D . The filing and discharge of tax liens on more than one time-share estate owned by the same person are governed by Title 36, section 942‑A . [PL 2005, c. 607, §1 (AMD); PL 2005, c. 607, §3 (AFF).]

3. Recordation. A document transferring or encumbering a time-share estate may not be rejected for recordation because of the nature or duration of that estate. [PL 1983, c. 407, §1 (NEW).]

4. Collection and receipt of money for taxes; tax bills. The managing entity may collect and receive money from time-share estate owners for the purpose of paying taxes assessed on time-share estates. If required by an ordinance enacted by the municipal officers, the managing entity shall collect and receive money from time-share estate owners for the purpose of paying taxes assessed on time-share estates. The ordinance must also require that the municipality send the managing entity a tax bill and information necessary to identify the assessed value of each time-share unit. Nothing in this subsection prevents a municipality from sending separate tax bills to each time-share owner. Any managing entity that collects taxes shall maintain an escrow account and pay the taxes as provided in subsection 5 . [PL 1991, c. 197, §1 (AMD).]

5. Escrow account. If the managing entity collects money for taxes, it shall maintain an escrow account with a financial institution licensed by the State, and deposit any money collected or received for taxes in the escrow account within 10 days after collection or receipt. The escrow account must be established in the names of both the managing entity and the municipality in which the time-share estates are located. No withdrawal may be made from the escrow account without the written agreement of the municipality. Prior to the delinquency date established by the municipality in which the time-share estates are located, the managing entity shall pay to the municipal tax collector all money deposited in the escrow account for the purpose of tax payment. If the amount paid from the escrow account is not sufficient to discharge all taxes and tax-related costs, due and owing, the managing entity shall place a lien on those time-share estates whose owners have not contributed to the escrow account as provided in section 594 , and pay the outstanding amount no later than 30 days after the date it has collected the taxes and costs from the delinquent owner or has foreclosed the lien and sold the time-share estate to a new owner or 10 months from the date of commitment, whichever is earlier. If requested by the municipality, the managing entity shall provide a list identifying those owners and their interests, including the periods of ownership, to the municipal tax collector, who may then proceed to collect the taxes on those interests as allowed by law. If the tax collector and treasurer use the lien procedure described in Title 36, sections 942 , 942‑A and 943 to collect delinquent taxes on time-share estates, whenever a notice called for by Title 36, section 942 , 942‑A or 943 is sent to a time-share estate owner, the tax collector and treasurer shall give to the managing entity or leave at the managing entity's last and usual place of abode or send to the managing entity by certified mail, return receipt requested, either a copy of the notice sent to the time-share estate owner or a notice that lists all time-share estate owners to whom notices have been delivered. For sending the notice or notices to the managing entity, the tax collector or treasurer is entitled to receive $5 plus all certified mail, return receipt requested fees, plus the cost of any photocopying. [PL 2005, c. 607, §2 (AMD); PL 2005, c. 607, §3 (AFF).]

6. Unorganized territory. Time-share estates in the unorganized territory must be taxed according to the provisions of this section, and the State Tax Assessor has all the rights and obligations applicable to a municipality or municipal officers. [RR 2011, c. 2, §36 (COR).]

7. Effect of foreclosure. A governmental entity that acquires ownership of a time-share estate for reasons of tax delinquency, including, but not limited to, the automatic foreclosure of a tax lien, may not be required to pay for the share of common expenses attributable to the time-share estate during the period the governmental entity owns the time-share estate if the governmental entity does not use the time-share estate. Use by a governmental entity includes, without limitation, leasing or renting the time-share estate. Any unpaid common expenses attributable to the time-share estate accruing during the period of ownership of the time-share estate by the governmental entity may be charged by the owners' association or managing entity to the purchaser of a foreclosed time-share estate when the purchaser acquires title to the unit from the governmental entity. The governmental entity shall disclose in writing to a prospective purchaser of the time-share estate that the purchaser may be charged for the common expenses attributable to the time-share estate accruing during the period of the governmental entity's ownership. [PL 2005, c. 275, §1 (NEW); PL 2005, c. 275, §2 (AFF).]
33 M.R.S. § 1603-107 — ME Code / Title 33 / Chapter 31 / Section 1603-107
33 §1603-107. Upkeep of the condominium
Status: in_force

(a) Except to the extent provided by the declaration, subsection (b), or section 1603‑113 , subsection (h), the association is responsible for maintenance, repair and replacement of the common elements, and each unit owner is responsible for maintenance, repair and replacement of his unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof. [PL 1981, c. 699 (NEW).]

(b) In addition to the liability which a declarant has under this Act as a unit owner, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 670 — ME Code / Title 33 / Chapter 11 / Section 670
33 §670. Facsimile signature of the register and deputy register of deeds
Status: in_force

A facsimile of the signature of the register or deputy register of deeds imprinted at his direction upon any deed or other instrument that is customarily recorded at the registry of deeds, including plans and the like, shall have the same validity as his signature. [PL 1979, c. 179 (NEW).]
33 M.R.S. § 2166 — ME Code / Title 33 / Chapter 45 / Section 2166
33 §2166. Failure of person examined to retain records
Status: in_force

If a person subject to examination under section 2162 does not retain the records as required by section 2094 , the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under and in accordance with section 2163 . [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 5 — ME Code / Title 33 / Chapter 1 / Section 5
33 §5. Specific performance after death of purchaser
Status: in_force

If the person entitled to such conveyance dies before bringing his action, or before the conveyance is completed or such seizin and possession are obtained, his personal representative, or the successor to the property if there is no administration may bring and prosecute such action, and shall be entitled to the conveyance or seizin and possession in like manner as the obligee. [PL 1979, c. 540, §41 (AMD).]
33 M.R.S. § 351 — ME Code / Title 33 / Chapter 7 / Section 351
33 §351. Acknowledgments after commission expired
Status: in_force

When a person authorized to take acknowledgments takes and certifies one in good faith after the expiration of his commission, not being aware of it, such acknowledgment is as valid as if done before such expiration.
33 M.R.S. § 2141 — ME Code / Title 33 / Chapter 45 / Section 2141
33 §2141. Deposit of funds by administrator
Status: in_force

1. Unclaimed Property Fund. The administrator shall deposit in the Unclaimed Property Fund all funds received under this Act, including proceeds from the sale of property under subchapter 7 . The Unclaimed Property Fund is a permanent account and may not lapse, but must be carried forward. [PL 2019, c. 498, §22 (NEW).]

2. Payment of claims from Unclaimed Property Fund. The administrator shall make prompt payment of claims the administrator duly allows as provided for in this Act from the Unclaimed Property Fund under subsection 1 . This shall constitute an irrevocable and continuing appropriation of all amounts in the Unclaimed Property Fund necessary to make prompt payment of claims duly allowed by the administrator pursuant to this Act. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1601-110 — ME Code / Title 33 / Chapter 31 / Section 1601-110
33 §1601-110. Uniformity of application and construction
Status: in_force

This Act shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 2153 — ME Code / Title 33 / Chapter 45 / Section 2153
33 §2153. Claim for property by person claiming to be owner
Status: in_force

1. Claim for property. A person claiming to be the owner of property held under this Act by the administrator may file a claim for the property on a form prescribed by the administrator. The claimant must verify the claim as to its completeness and accuracy. [PL 2019, c. 498, §22 (NEW).]

2. Waive; pay or deliver directly. The administrator may waive the requirement in subsection 1 and may pay or deliver property directly to a person if: A. The person receiving the property or payment is shown to be the apparent owner included on a report filed under section 2091 ; and [PL 2019, c. 498, §22 (NEW).] B. The administrator reasonably believes the person is entitled to receive the property or payment. [PL 2019, c. 498, §22 (NEW).] If a claimant has an agreement pursuant to subchapter 13 with a professional investigator licensed under Title 32, chapter 89 , the administrator shall deliver the payment or property to the professional investigator. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 1672 — ME Code / Title 33 / Chapter 32 / Section 1672
33 §1672. Applicability
Status: in_force

This Act applies to a transfer within the scope of section 1653 made after its effective date if: [PL 1987, c. 734, §2 (NEW).]

1. Reference to prior Act. The transfer purports to have been made under the Uniform Gifts to Minors Act of this State; or [PL 1989, c. 502, Pt. A, §119 (AMD).]

2. Reference to Uniform Gifts to Minors Act of any other state. The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state and the application of this Act is necessary to validate the transfer. [PL 1987, c. 734, §2 (NEW).]
33 M.R.S. § 176 — ME Code / Title 33 / Chapter 7 / Section 176
33 §176. Rights and duties of seller and purchaser
Status: in_force

1. Seller's rights and duties. A property disclosure statement and any supplement to a property disclosure statement are not a warranty by the seller. The information in the disclosure statement is for disclosure only and is not intended to be a part of any contract between the purchaser and the seller. If, at the time the disclosures are required to be made, an item of information required to be disclosed under this subchapter is unknown or unavailable to the seller, the seller may comply with this subchapter by advising the purchaser of the fact that the information is unknown. The information provided to the purchaser is based upon the best information available to the seller. The seller is not obligated under this subchapter to make any specific investigation or inquiry in an effort to complete the property disclosure statement. [PL 1999, c. 476, §1 (NEW).]

2. Purchaser's rights and duties. The property disclosure statement and any supplement to the property disclosure statement may not be used as substitutes for any inspections or warranties that the purchaser or seller may obtain. Nothing in this subchapter precludes the obligation of a purchaser to inspect the physical condition of the property. [PL 1999, c. 476, §1 (NEW).]
33 M.R.S. § 2196 — ME Code / Title 33 / Chapter 45 / Section 2196
33 §2196. Waiver of interest and penalty
Status: in_force

The administrator: [PL 2019, c. 498, §22 (NEW).]

1. Waive interest and penalties. May waive, in whole or in part, interest under section 2194, subsection 1 and penalties under section 2194, subsection 2 or section 2195 ; and [PL 2019, c. 498, §22 (NEW).]

2. Good faith, without negligence. Shall waive a penalty under section 2194, subsection 2 if the administrator determines that the holder acted in good faith and without negligence. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 353-B — ME Code / Title 33 / Chapter 7 / Section 353-B
33 §353-B. Defects in plats
Status: repealed

Any plats of a subdivision approved by the municipal officers of the municipality in which the land is located that have been recorded for at least 2 years in the registry of deeds for the county or district in which the land is located and otherwise valid, except that the same were not approved by a planning board pursuant to the 1944 Revised Statutes, chapter 80, section 85, as amended, the 1954 Revised Statutes, chapter 91, section 94, as amended, the 1954 Revised Statutes, chapter 90‑A, section 61, as amended, or the 1964 Revised Statutes, Title 30, section 4956 , as amended, or by the municipal reviewing authority pursuant to Title 30‑A, section 4403 , as amended, are validated. [PL 2017, c. 196, §3 (AMD).]

Any plat or subdivision approved by the planning board of the municipality in which the land is located that has been recorded for at least 2 years in the registry of deeds for the county or district in which the land is located and otherwise valid, except that the same was not approved by the municipal officers pursuant to the 1944 Revised Statutes, chapter 80, section 85, as amended, the 1954 Revised Statutes, chapter 91, section 94, as amended, the 1954 Revised Statutes, chapter 90‑A, section 61, as amended, or the 1964 Revised Statutes, Title 30, section 4956 , as amended, or by the municipal reviewing authority pursuant to Title 30‑A, section 4403 , as amended, is validated. [PL 2017, c. 196, §3 (AMD).]

Any plats of a subdivision approved by the planning board or by the municipal officers of the municipality or by both in which the land is located that have been recorded in the registry of deeds for the county or district in which the land is located and otherwise valid, except that the approval is not noted thereon pursuant to the 1944 Revised Statutes, chapter 80, section 85, as amended, the 1954 Revised Statutes, chapter 91, section 94, as amended, the 1954 Revised Statutes, chapter 90‑A, section 61, as amended, the 1964 Revised Statutes, Title 30, section 4956 , as amended, or Title 30‑A, section 4403 , as amended, are validated, if the approval by the appropriate board can be substantiated by affidavit recorded in the registry of deeds for the county or district in which the land is located, the recording of the affidavit to be noted on the plat. [PL 2017, c. 196, §3 (AMD).]

Any deed or other instrument for the conveyance of real property or any interest therein in the unorganized or deorganized territory, including plantations, in this State, that was otherwise validly made or placed on record, except that it was made in violation of Title 12, section 687 , as enacted by the Public Laws of 1969, chapter 494 and repealed by the Public Laws of 1971, chapter 457, section 7, made in violation of Title 12, section 685‑B, subsection 6 , as enacted by the Public Laws of 1971, chapter 457, section 5 and amended by the Public Laws of 1971, chapter 544, section 28‑G, or made in violation of Title 12, section 685‑B, subsection 6‑A as enacted by Public Law 1991, chapter 687, section 2 and amended by Public Law 2001, chapter 431, section 4, is validated. All structures on land in the unorganized or deorganized territory, including plantations, that are not otherwise nuisances, may not be deemed to be nuisances merely because they are located upon land conveyed by deed or other instrument that lacked evidence of the approval of the Maine Land Use Regulation Commission or the Maine Land Use Planning Commission, as applicable, thereon. [PL 2017, c. 196, §3 (AMD).]
33 M.R.S. § 1025 — ME Code / Title 33 / Chapter 20 / Section 1025
33 §1025. Title practices
Status: in_force

This chapter does not require that language showing compliance with this chapter be included in a deed and does not require that evidence of compliance with this chapter be recorded in the registry of deeds. Any attempt to record such evidence is void and has no effect on title. [PL 1989, c. 238, §3 (NEW).]
33 M.R.S. § 2114 — ME Code / Title 33 / Chapter 45 / Section 2114
33 §2114. Effect of payment or delivery of property to administrator
Status: in_force

1. No liability of holder on payment or delivery. On payment or delivery of property to the administrator under this Act, the administrator as agent for the State assumes custody and responsibility for safekeeping the property. A holder that pays or delivers property to the administrator in good faith and substantially complies with sections 2101 and 2102 is relieved of liability arising thereafter with respect to payment or delivery of the property to the administrator. [PL 2019, c. 498, §22 (NEW).]

2. State indemnification. This State shall defend and indemnify a holder against liability on a claim against the holder resulting from the payment or delivery of property to the administrator made in good faith and after the holder substantially complied with sections 2101 and 2102 . [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 2214 — ME Code / Title 33 / Chapter 45 / Section 2214
33 §2214. Confidentiality agreement
Status: in_force

A person to be examined under section 2162 may require, as a condition of disclosure of the records of the person to be examined, that the administrator or the administrator's agent execute and deliver to the person to be examined a confidentiality agreement that: [PL 2019, c. 498, §22 (NEW).]

1. Form. Is in a form that is reasonably satisfactory to the administrator; and [PL 2019, c. 498, §22 (NEW).]

2. Compliance with subchapter. Requires the person having access to the records to comply with the provisions of this subchapter applicable to the person. [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 208 — ME Code / Title 33 / Chapter 7 / Section 208
33 §208. Indexing
Status: in_force

When any such instrument is recorded, the recorder shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate. [PL 1967, c. 107 (NEW).]
33 M.R.S. § 765 — ME Code / Title 33 / Chapter 12 / Section 765
33 §765. Quitclaim deed with covenant
Status: in_force

A deed in substance following the form entitled "Quitclaim Deed With Covenant" shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns forever, with covenant on the part of the grantor, for himself, with the grantee, his heirs and assigns forever, that at the time of the delivery of such deed the grantor covenants with the grantee, his heirs and assigns, that he will warrant and forever defend the premises to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through or under him. [PL 1967, c. 377 (NEW).]
33 M.R.S. § 593-A — ME Code / Title 33 / Chapter 10-A / Section 593-A
33 §593-A. Utility billing for time-share estates
Status: in_force

1. Definitions. As used in this section, the following terms have the following meanings. A. "Assessment" means any rate, fee or charge assessed or imposed by a utility for the provision of its service to time-share units, other than service that is metered or otherwise measured and billed on an individual time-share owner basis. [PL 2003, c. 526, §1 (NEW).] B. "Utility" means a public utility as defined in Title 35‑A, section 102 , sanitary district established under Title 38, chapter 11 or sewer district as defined in Title 38, section 1032, subsection 3 or 4 . [PL 2013, c. 555, §5 (AMD).] [PL 2013, c. 555, §5 (AMD).]

2. Authority of managing entities. Notwithstanding section 593, subsection 2 , when a utility provides services to time-share units, the managing entity may collect and receive money from the time-share owners for the purpose of paying the assessment. [PL 2003, c. 526, §1 (NEW).]

3. Authority of utility to require assessment collection. Notwithstanding section 593, subsection 2 , on written request of a utility, a managing entity shall collect and receive money from the time-share owners in accordance with this subsection for the purpose of paying assessments. A. The utility shall provide the managing entity a combined or total utility bill and any additional information that may be reasonably useful for the managing entity to allocate the cost of utility service to the time-share owners. [PL 2003, c. 526, §1 (NEW).] B. The managing entity shall maintain an escrow account with a financial institution licensed by the State and deposit any money collected or received for the utility's assessments in the escrow account within 10 days after collection or receipt. The escrow account must be established in the names of both the managing entity and the utility. A withdrawal may not be made from the escrow account without the written agreement of the utility. [PL 2003, c. 526, §1 (NEW).] C. Prior to the delinquency date established by the utility, the managing entity shall pay to the utility all money deposited in the escrow account under paragraph B for the purpose of paying the assessment. If the amount paid from the escrow account is not sufficient to discharge all assessments due and owing: (1) The managing entity shall pay the difference and, in accordance with section 594 , place a lien on those time-share estates whose owners have not contributed their apportioned share to the escrow account; or (2) At the request of the utility, the managing entity shall provide a list identifying the delinquent owners and their interests, including periods of ownership, and the utility may proceed to collect the assessments from those interests as allowed by law. If the utility uses any lien procedure available to it under law to collect delinquent assessments on time-share estates, any required notice of the lien that the utility sends to a time-share estate owner must also be given to the managing entity or left at the managing entity's last and usual place of abode or the utility must send to the managing entity by certified mail, return receipt requested, either a copy of the notice sent to the time-share estate owner or a notice that lists all time-share estate owners to whom notices have been delivered. For sending the notice or notices to the managing entity, the utility may receive $5 plus all certified mail, return receipt requested fees and the cost of any photocopying. [PL 2003, c. 526, §1 (NEW).] [PL 2003, c. 526, §1 (NEW).]

4. Exercise of other utility authority not precluded. Nothing in this section limits the authority of a utility and a managing entity to make other mutually acceptable arrangements for collection of assessments. Nothing in this section limits the authority of a utility to take any other action available under law to collect and recover assessments. [PL 2003, c. 526, §1 (NEW).]
33 M.R.S. § 155 — ME Code / Title 33 / Chapter 7 / Section 155
33 §155. -- bond of trustees; disposal of proceeds of sale
Status: in_force

Every trustee appointed under section 153 shall give bond in such form and for such an amount as the court appointing him may order, and he shall receive and hold, invest or apply the proceeds of any sale or mortgage made by him for the benefit of the persons who would have been entitled to the real estate, if such sale or mortgage had not been made, and the probate court for the county in which such real estate or the greater part thereof is situated shall have jurisdiction of all matters thereafter arising in relation to such trust.
33 M.R.S. § 1660 — ME Code / Title 33 / Chapter 32 / Section 1660
33 §1660. Manner of creating custodial property and effecting transfer; designation of initial custodian; control
Status: in_force

1. Creation and transfer. Custodial property is created and a transfer is made whenever: A. An uncertificated security or a certificated security in registered form is either: (1) Registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" or (2) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection 2 ; [PL 1987, c. 734, §2 (NEW).] B. Money is paid or delivered or a security held in the name of a broker, financial institution or its nominee is transferred to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" [PL 1991, c. 141 (AMD).] C. The ownership of a life or endowment insurance policy or annuity contract is either: (1) Registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" or (2) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" [PL 1987, c. 734, §2 (NEW).] D. An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" [PL 1987, c. 734, §2 (NEW).] E. An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" [PL 1987, c. 734, §2 (NEW).] F. A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (1) Issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" or (2) Delivered to an adult other than the transferor or to a trust company, endorsed to that person, followed in substance by the words "as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act;" or [PL 1987, c. 734, §2 (NEW).] G. An interest in any property not described in paragraphs A to F is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection 2 . [PL 1987, c. 734, §2 (NEW).] [PL 1991, c. 141 (AMD).]

2. Transfer instrument. An instrument in the following form satisfies the requirements of subsection 1, paragraph A , subparagraph (1); and subsection 1, paragraph G, subparagraph (1) : TRANSFER UNDER THE MAINE UNIFORM TRANSFERS TO MINORS ACT I,.................(name of transferor or name and representative capacity if a fiduciary) hereby transfer to...............(name of custodian), as custodian for.................(name of minor) under the Maine Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: ................................. (Signature) ................(name of custodian) acknowledges receipt of the property described above as custodian for the minor name above under the Maine Uniform Transfers to Minors Act. Dated: ................................. (Signature of Custodian) [PL 1987, c. 734, §2 (NEW).]

3. Control of property. A transferor shall place the custodian in control of the custodial property as soon as practicable. [PL 1987, c. 734, §2 (NEW).]
33 M.R.S. § 659 — ME Code / Title 33 / Chapter 11 / Section 659
33 §659. Duplicates of plans in court files
Status: in_force

Whenever in the settlement of any disputed line or in the division of any estate any plans are made for filing in the office of the clerk of courts or the register of probate, duplicate plans shall in all cases be filed in the registry of deeds.
33 M.R.S. § 1209 — ME Code / Title 33 / Chapter 25 / Section 1209
33 §1209. Review of claims to coastal islands
Status: in_force

The Director of the Bureau of Parks and Lands shall review each and every claim of true ownership made to a coastal island or islands under section 1205 or section 1208 . An initial determination shall be made by the director after consultation with the Attorney General as to the validity of all such claims. The director shall notify in writing any person whose claim is initially determined to be not valid. [PL 1975, c. 509, §8 (RPR); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

Any person so notified shall have 30 days from the date of such notification to present evidence to substantiate his claim. The director shall make a final determination of the validity of such claim within 30 days of receipt of such evidence. If no evidence is forthcoming, the director's initial determination shall become final. [PL 1975, c. 509, §8 (RPR).]

Appeals from the final determination of the director under this section shall be taken in accordance with Rule 80C of the Maine Rules of Civil Procedure. [PL 1983, c. 480, Pt. B, §30 (AMD).]
33 M.R.S. § 2163 — ME Code / Title 33 / Chapter 45 / Section 2163
33 §2163. Rules for conducting examination
Status: in_force

The administrator may adopt rules governing procedures and standards for an examination under section 2162 . [PL 2019, c. 498, §22 (NEW).]
33 M.R.S. § 508 — ME Code / Title 33 / Chapter 9 / Section 508
33 §508. Nominee mortgagees
Status: in_force

1. Authority presumed. A person or entity that is named as nominee to hold a mortgage for another person or entity, in an instrument creating or assigning the mortgage, is presumed to have the authority to execute an assignment, partial release, discharge or other instrument that affects the title to the mortgaged property unless the person or entity on whose behalf the nominee is named: A. Explicitly negates such authority within the instrument in which the nominee is named; or [PL 2015, c. 289, §1 (NEW).] B. Executes a separate instrument that explicitly negates such authority and that is recorded in the registry of deeds within the county or district in which the mortgaged property is located. [PL 2015, c. 289, §1 (NEW).] [PL 2015, c. 289, §1 (NEW).]

2. Instrument valid. An assignment, partial release, discharge or other instrument affecting the title to mortgaged property or any interest in the property that is otherwise valid and that is executed by a nominee mortgagee with authority as provided in subsection 1 is valid even if the assignment, partial release, discharge or other instrument does not state the authority of the nominee mortgagee to take the action. [PL 2015, c. 289, §1 (NEW).]

3. Statement not a limitation of authority. A statement in an instrument described in this section to the effect that, for purposes of recording, the nominee mortgagee is the mortgagee of record, or any statement of similar meaning, may not be considered to be a limitation upon the authority of the nominee mortgagee. [PL 2015, c. 289, §1 (NEW).]

4. Application. This section applies exclusively to any discharge or partial release issued prior to the effective date of this section, whether made by a nominee mortgagee or by a subsequent assignee; to discharges or partial releases issued on or subsequent to the effective date of this section, whether made by a nominee mortgagee or by a subsequent assignee; and to any assignment or other instrument affecting title to a mortgaged property that is the subject of a foreclosure judgment or other legal judgment affecting title to a mortgaged property for which, as of the effective date of this section, either the period for appeal has run with no appeal having been filed or all rights of appeal have been exhausted. [PL 2015, c. 289, §1 (NEW).]
33 M.R.S. § 470 — ME Code / Title 33 / Chapter 7 / Section 470
33 §470. Failure of spouse to join in release of right and interest by descent
Status: in_force

If the spouse of a grantor in a conveyance of land fails to join in the conveyance in release of the spouse's right and interest by descent, such spouse and all persons claiming by, through or under such spouse shall be forever barred from claiming such right and interest by descent by real or mixed action for the recovery of lands, by entry, or otherwise unless such spouse has filed the notice provided in section 472 or has made some other claim of record within the time limited in section 471 . [PL 1975, c. 511 (NEW).]
33 M.R.S. § 1601-101 — ME Code / Title 33 / Chapter 31 / Section 1601-101
33 §1601-101. Short title
Status: in_force

This Act shall be known and may be cited as the Maine Condominium Act. [PL 1981, c. 699 (NEW).]
33 M.R.S. § 115 — ME Code / Title 33 / Chapter 5-A / Section 115
33 §115. Application
Status: in_force

1. Nonvested property interest or a power of appointment created prior to effective date of this chapter. This subsection governs nonvested property interests and powers of appointment created prior to July 1, 2019. A. Except as provided in section 116, subsection 1 , this chapter may not be construed to invalidate or modify the terms of any limitation that would have been valid prior to August 20, 1955. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. This chapter applies only to inter vivos instruments taking effect after August 20, 1955, to wills if the testator dies after August 20, 1955 and to appointments made after August 20, 1955, including appointments by inter vivos instruments or wills under powers created before August 20, 1955. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Section 114, subsection 7 applies to all trusts created by will or inter vivos instrument executed or amended on or after July 1, 2019 and to all trusts created by exercise of power of appointment granted under instruments executed or amended on or after July 1, 2019. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. If a nonvested property interest or a power of appointment was created before July 1, 2019 and is determined in a judicial proceeding, commenced on or after July 1, 2019, to violate this State's rule against perpetuities as that rule existed before July 1, 2019, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and so that the reformed disposition is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [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. Nonvested property interest or a power of appointment created on or after July 1, 2019. Except as provided by subsection 1, paragraph D , this chapter applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2019. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Creation by exercise of a power of appointment. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]