An Act To Amend the Laws Governing Registers of Deeds
Maine Legislature, Session 121, LD 0984
Committee: State and Local Government
Sponsors: YOUNGBLOOD, PEAVEY-HASKELL, CATHCART, DAGGETT, DAVIS, MITCHELL, PENDLETON, LEDWIN
Amends: 33 MRSA §651, 33 MRSA §652, 33 MRSA §653, 33 MRSA §654, 33 MRSA §660, 33 MRSA §662, 33 MRSA §751

Legislative Document 
No. 984 
S.P.325 
In Senate, February 25, 2003 
An Act To Amend the Laws Governing Registers of Deeds 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator YOUNGBLOOD of Penobscot. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative PEAVEY-HASKELL of Greenbush and 
Senators: CATHCART of Penobscot, President DAGGETT of Kennebec, DAVIS of 
Piscataquis, MITCHELL of Penobscot, PENDLETON of Cumberland, Representative: 
LEDWIN of Holden. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 33 MRSA §651. as amended by PL 1965, c. 
215, 
is 
repealed and the following enacted in its place: 
§651. Records: index 
The records and indexes in each registry office must be made 
and kept for public inspection on at least one of the following 
media: 
white, acid-free paper, microfilm, microfiche, or digital 
image stored on magnetic or optical media. 
The register shall 
make an alphabetical index to the records without charge to the 
county so that the same surnames are recorded together and shall 
show in addition to the names of the parties and the nature of 
the instrument. 
the date of the instrument. 
the date of its 
record and the name of the city. town or unincorporated place 
where the land conveyed is situated. 
As often as every 10 years 
the register shall revise and consolidate the index in such 
manner that all deeds recorded since the last revision of the 
index are indexed so that the same surnames appear together and 
all 
names 
are 
in 
alphabetical 
order. 
The 
revised 
and 
consolidated index must contain all data as to each and every 
deed or other instrument referred to in this section. 
If it 
becomes necessary to revise. renew or replace any index. the new 
index must be made in conformity with this section. 
When the register of deeds is required by law or common 
practice to 
make 
a 
note in the margin of 
a 
record, it is 
determined sufficient if the note is made to the index in such a 
fashion that the note becomes a permanent part of the indexing of 
the record to which the marginal note is required to be made. 
The register shall prepare. or have prepared. a microfilm 
record of each page of every instrument, plan or other document 
recorded in the registry office. 
The microfilm record made must 
be stored in a fireproof area. 
When original record books or 
plans are considered by the register to be in a condition that 
warrants withdrawal from regular use. the register may make a 
true copy of the contents of the record or may provide suitable 
means 
for 
reading the microfilm, 
microfiche or digital image 
stored 
on 
magnetic 
or 
optical 
media 
of 
the 
instruments 
withdrawn. 
The records and certified copies made either from the 
true copy or from images stored as provided in this section must 
be received in all courts of law with the same legal effect as 
those contained in the original. 
Sec. 2. 33 MRSA §652, as amended by PL 2001, c. 667, Pt. C, 
§18, is further amended to read: 
§652. Books for recording plans 
Page l-LR0772(1) 
, 
The county commissioners shall provide, at the expense of 
the several counties, suitable storage for plans with a minimum 
size of 12 by 18 and a maximum of 24 by 36 inches in dimension, 
for the preservation of such plans. 
No plan may be accepted for recording unless all of the 
following criteria are met. 
The plan must: 
1. 
Materials. 
Be 
drawn 
upon 
strong 
linen 
cloth 
or 
polyester film with archival photographic image; 
2. 
Seals. 
Be embossed, sealed or both, with the seal of an 
architect, professional engineer or registered land surveyor; 
3. 
Signature. 
Contain the signature and address of the 
person who prepared the plan; 
4. 
Recording information. 
Provide a 
the county, date, time, plan book and page 
register's attest; and 
space for recording 
or file number and 
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. 
Original plans must be recorded with a 
paper copy. 
The 
register shall permanently file the original and maintain tRe g 
copy for public inspection in at least one of the following 
media: 
paper, microfilm, microfiche or digital image stored on 
magnetic or optical media. 
Sui table arrangements must be made 
for the preserving of original plans while affording the public 
reasonable 
opportunity 
to 
examine 
either 
the 
original 
or 
a 
reproduction. 
No additional fee is required for recording the 
copy. 
Each register shall maintain an index of all plans on 
records in the register's office. 
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. 
Sec. 3. 33 MRSA §653, as repealed and replaced by PL 1983, c. 
15, is repealed and the following enacted in its place: 
§653. Time of recording; verification 
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. 
Sec. 4. 33 MRSA §654 is amended to read: 
§654. Miscellaneous records 
Registers 
shall 
receive 
and 
record 
all 
certificates 
in 
equitable proceedings, copies of judgments and decrees certified 
by the clerk of courts in the county where the complaint is 
pending or the judgment or decree is rendered, certified copies 
of the proceedings of any court, corporation, municipal body or 
other tribunal through or by which the right of eminent domain 
has been or may llel'ea;i;tel' be exercised to affect the title to 
real estate, copies of portions of wills devising real estate 
situated in their respective counties or districts and all other 
instruments wlliell that they are by law required to record. 
They 
shall receive all copies of seizures on execution and special 
attachments made 
and attested by any officer of real property 
situate in their respective counties or districts and certify on 
them 
the 
time 
when 
they 
are 
received, 
and 
certificates 
of 
advertised stallions and copies of processes against domestic 
corporations filed for service by officers in the registry, keep 
them on file for the inspection of parties interested and enter 
them in suitable beek6T records properly indexed. 
Sec. 5. 33 MRSA §654.A, as enacted by PL 1965, c. 425, §20-A, 
is repealed. 
Sec. 6. 33 MRSA §660 is amended to read: 
§660. Plans of townships; copies; filing and indexing 
The 
county commissioners shall, 
at the expense of their 
respective counties, procure such plans of the townships in their 
counties as may be in existence. 
If the original plans are not 
in existence or eaaa9t can not be had at a reasonable price, they 
shall procure copies of the most authentic plans known to exist. 
All 
s~eH copies sHall must be on the best quality of linen paper 
backed with cloth or polyester film with archival photographic 
image. 
Suitable filing cases sHall must be provided in each 
registry of deeds for the reception and preservation of 
s~eH the 
plans and a sui table index 
tHeFe~~-.e;hall of the plans must be 
made, 
having 
at 
least 
both 
alphabetical 
and 
chronological 
arran~ement, and sHall must be revised whenever new plans for 
recording are received. 
Sec. 7. 33 MRSA §662 is amended to read: 
§662. Plans showing allotment of lands in cities and 
towns 
The 
aleeFmea municipal officers of 
any 
g 
city aae--tHe 
seleet:me-fl--o-f--aay or town may, and upon the written request of 3 
or more taxpayers of the city or town shall, cause any plans in 
the possession of 
the city or 
town or otherwise available, 
showing the allotment of lands in sai:e the city or town, to be 
recorded in the registry of deeds in the county or registry 
district wHeFeia in which any such city or town is situated. 
baie-~~-&aall-~-~Faa&&F~ge4-e~-~~-YFeR-~~-eFawia~ 
FaFeF--o-f--tae-~-~~a1~~y-~R--a-.e;yit:aale-~-~~FnisHee-~-tHe 
Fe~isteF-at:-~~~~~-~ae-ee~atYT The plans must be recorded 
and kept in accordance with the provisions of section 652. 
Sec. 8. 33 MRS A §751, sub-§l. as amended by PL 1991, c. 497, 
§2, is further amended to read: 
1. 
Instruments 
generally. 
Receiving, 
recording 
and 
indexing any instrument that may be recorded and for which a 
specific fee is not set forth in this section or in any other 
section, the sum of $8 for the first record page and $2 for each 
addi tional record page or portion of an additional record page. 
In addition, if more than 4 names are to be indexed, a fee of 63¢ 
II must be paid for each additional name, counting all grantors 
and grantees; 
Sec. 9. 33 MRSA §751, sub-§13-A is enacted to read: 
I3-A. 
Previously 
recorded 
instrument. 
An 
instrument 
satisfying, 
releasing, 
discharging, 
assigning, 
subordinating, 
continuing, 
amending 
or 
extending 
an 
instrument 
previously 
recorded in the county in which recording is requested, must make 
reference to only one previously recorded instrument, or a fee of 
$8 for each additional previously recorded instrument referred to 
must be paid. 
SUMMARY 
This bill sets uniform standards for registers of 
regard to the documents submitted to registries for 
The bill also clarifies the recording methods that may 
registries. 
deeds with 
recording. 
be used by