reglab/housing_qa huggingface dataset:
33 ME Rev Stat § 131 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6-A: WORKING WATERFRONT COVENANTS|33 §131. Definitions

 §131. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 574, §1 (NEW).]1.  Commercial fisheries businesses.  "Commercial fisheries businesses" means any enterprise directly or indirectly concerned with the commercial harvest of wild or aquacultured marine organisms, whose primary source of income is derived from these activities. "Commercial fisheries businesses" includes without limitation:   A. Licensed commercial fishermen, aquaculturists and fishermen's cooperatives;   [PL 2005, c. 574, §1 (NEW).]B. Persons providing direct services to commercial fishermen and aquaculturists or fishermen's cooperatives, as long as provision of these direct services requires the use of working waterfront real estate; and   [PL 2005, c. 574, §1 (NEW).]C. Municipal and private piers and wharves operated to provide waterfront access to commercial fishermen, aquaculturists or fishermen's cooperatives.   [PL 2005, c. 574, §1 (NEW).][PL 2005, c. 574, §1 (NEW).] 2.  Qualified holder.  "Qualified holder" or "holder" means a governmental entity authorized to hold an interest in real property or a nonprofit organization organized under state law whose purposes include the permanent protection of working waterfront or the enlargement of working waterfront opportunities for commercial fisheries businesses.   [PL 2005, c. 574, §1 (NEW).] 3.  Third-party right of enforcement.  "Third-party right of enforcement" means a right provided in a working waterfront covenant to enforce any of its terms granted by the grantor and holder of the covenant to a governmental body or nonprofit corporation that meets the qualifications of a holder.   [PL 2005, c. 574, §1 (NEW).] 4.  Working waterfront covenant.  "Working waterfront covenant" means an agreement in recordable form between the owner of working waterfront real estate and one or more qualified holders that permits a qualified holder to control, either directly or indirectly, the use, ownership and sales price of working waterfront real estate for the primary purpose of making and preserving the permanent availability and affordability of that real estate for commercial fisheries businesses. A working waterfront covenant may include a 3rd-party right of enforcement.   [PL 2005, c. 574, §1 (NEW).] 5.  Working waterfront real estate.  "Working waterfront real estate" or "real estate" means land, legally filled lands, piers, wharves and other improvements to lands all adjacent to the navigable coastal waters of the State.   [PL 2005, c. 574, §1 (NEW).] SECTION HISTORY PL 2005, c. 574, §1 (NEW).
33 ME Rev Stat § 132 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6-A: WORKING WATERFRONT COVENANTS|33 §132. Creation; conveyance; acceptance; duration; filing

 §132. Creation; conveyance; acceptance; duration; filing 1.  Working waterfront covenant.  Except as otherwise provided in this chapter, a working waterfront covenant may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other real estate covenants created by written instrument.   [PL 2005, c. 574, §1 (NEW).] 2.  Right or duty.  A right or duty in favor of or against a qualified holder may not arise under a working waterfront covenant unless it is accepted in writing by the qualified holder.   [PL 2005, c. 574, §1 (NEW).] 3.  Limitation.  Except as provided in this chapter, a working waterfront covenant is unlimited in duration unless a change of circumstances renders the working waterfront covenant no longer in the public interest as determined in an action under section 133, subsection 2.   [PL 2005, c. 574, §1 (NEW).] 4.  Filing.  A working waterfront covenant must be recorded in the County Registry of Deeds, and a copy of the covenant must be filed with the Department of Agriculture, Conservation and Forestry together with a map showing with specificity the location of the affected real estate on the form or forms that the department requires.   [PL 2011, c. 655, Pt. II, §6 (AMD); PL 2011, c. 655, Pt. II, §11 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] 5.  Other interest.  An interest in real property in existence at the time a working waterfront covenant is created is not affected by the covenant unless the owner of the interest is a party to the covenant or consents to the covenant.   [PL 2005, c. 574, §1 (NEW).] 6.  Right to enter land.  The instrument creating a working waterfront covenant must provide for the right by the qualified holder to enter the real property to ensure compliance.   [PL 2005, c. 574, §1 (NEW).] SECTION HISTORY PL 2005, c. 574, §1 (NEW). PL 2011, c. 655, Pt. II, §6 (AMD). PL 2011, c. 655, Pt. II, §11 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
33 ME Rev Stat § 133 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6-A: WORKING WATERFRONT COVENANTS|33 §133. Judicial actions

 §133. Judicial actions 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).]SECTION HISTORY PL 2005, c. 574, §1 (NEW).
33 ME Rev Stat § 134 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6-A: WORKING WATERFRONT COVENANTS|33 §134. Scope of working waterfront covenant

 §134. Scope of working waterfront covenant 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).] SECTION HISTORY PL 2005, c. 574, §1 (NEW).
33 ME Rev Stat § 135 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6-A: WORKING WATERFRONT COVENANTS|33 §135. Validity

 §135. Validity A working waterfront covenant is valid and enforceable notwithstanding any of the following conditions.   [PL 2005, c. 574, §1 (NEW).]1.  Not appurtenant to interest in real property.  The working waterfront covenant is not appurtenant and does not run with an interest in real property.   [PL 2005, c. 574, §1 (NEW).] 2.  Assignable to another holder.  The working waterfront covenant can be or has been assigned to another qualified holder.   [PL 2005, c. 574, §1 (NEW).] 3.  Not recognized at common law.  The working waterfront covenant is not of a character traditionally recognized at common law.   [PL 2005, c. 574, §1 (NEW).] 4.  Imposes negative burden.  The working waterfront covenant imposes a negative burden.   [PL 2005, c. 574, §1 (NEW).] 5.  Imposes affirmative obligations.  The working waterfront covenant imposes affirmative obligations upon the owner of an interest in the burdened property or upon the qualified holder.   [PL 2005, c. 574, §1 (NEW).] 6.  Benefit does not touch or concern real property.  The benefit of the working waterfront covenant is held by a qualified holder who has not retained property that would benefit from enforcement of the working waterfront covenant, or the benefit does not touch or concern real property in any other way.   [PL 2005, c. 574, §1 (NEW).] 7.  No privity of estate or contract.  There is no privity of estate or privity of contract.   [PL 2005, c. 574, §1 (NEW).] 8.  Does not run to successors or assigns.  The working waterfront covenant does not run to the successors or assigns of the qualified holder.   [PL 2005, c. 574, §1 (NEW).] 9.  Unreasonable restraint on alienability.  The working waterfront covenant may be considered to be an unreasonable restraint on alienability.   [PL 2005, c. 574, §1 (NEW).] 10.  In violation of rule against perpetuities.  The working waterfront covenant may violate the rule against perpetuities.   [PL 2005, c. 574, §1 (NEW).] SECTION HISTORY PL 2005, c. 574, §1 (NEW).
33 ME Rev Stat § 136 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 6-A: WORKING WATERFRONT COVENANTS|33 §136. Application

 §136. Application 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).] SECTION HISTORY PL 2005, c. 574, §1 (NEW).
33 ME Rev Stat § 481 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 8: LAND INSTALLMENT CONTRACTS|33 §481. Definitions

 §481. Definitions 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).] SECTION HISTORY PL 1983, c. 368 (NEW).
33 ME Rev Stat § 483 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 8: LAND INSTALLMENT CONTRACTS|33 §483. Prohibited acts

 §483. Prohibited acts 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).] SECTION HISTORY PL 2021, c. 350, §3 (NEW).
33 ME Rev Stat § 761 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §761. Statutory forms; incorporation by reference; title

 §761. Statutory forms; incorporation by reference; title The forms set forth in section 775 may be used and shall be sufficient for their respective purposes. They shall be known as "Statutory Short Form Deeds" and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms shall not prevent the use of other forms. Wherever the phrase, "incorporation by reference" is used in this chapter, the method of incorporation as indicated in said forms shall be sufficient, but shall not preclude other methods. This chapter may be cited as the "Short Form Deeds Act".   [PL 1967, c. 377 (NEW).]SECTION HISTORY PL 1967, c. 377 (NEW).
33 ME Rev Stat § 762 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §762. Rules and definitions

 §762. Rules and definitions For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether the statutory short form or other forms are used, the rules and definitions contained in sections 763 to 774 shall apply to all such instruments executed or delivered on or after January 1, 1968.   [PL 1967, c. 377 (NEW).]SECTION HISTORY PL 1967, c. 377 (NEW).
33 ME Rev Stat § 763 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §763. Warranty deed

 §763. Warranty deed A deed in substance following the form entitled "Warranty Deed" shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, his and their use and behoof forever, with covenants on the part of the grantor, for himself, with the grantee, his heirs and assigns, that, at the time of the delivery of such deed, he was lawfully seized in fee of the premises, that they were free of all encumbrances, that he had good right to sell and convey the same to the grantee to hold as aforesaid, and that he and his heirs shall and will warrant and defend the same to the grantee, his heirs and assigns forever, against the lawful claims and demands of all persons.   [PL 1967, c. 377 (NEW).]SECTION HISTORY PL 1967, c. 377 (NEW).
33 ME Rev Stat § 764 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §764. Warranty covenants

 §764. Warranty covenants In a conveyance of real estate the words "warranty covenants" shall have the full force, meaning and effect of the following words: "The grantor covenants with the said grantee, his heirs and assigns that he is lawfully seized in fee of the premises, that they are free of all encumbrances, that he had good right to sell and convey the same to the said grantee to hold as aforesaid, and that he and his heirs shall and will warrant and defend the same to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons."   [PL 1967, c. 377 (NEW).]SECTION HISTORY PL 1967, c. 377 (NEW).
33 ME Rev Stat § 765 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §765. Quitclaim deed with covenant

 §765. Quitclaim deed with covenant 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).]SECTION HISTORY PL 1967, c. 377 (NEW).
33 ME Rev Stat § 766 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §766. Quitclaim covenant or limited covenant

 §766. Quitclaim covenant or limited covenant 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).]SECTION HISTORY PL 1967, c. 377 (NEW).
33 ME Rev Stat § 767 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §767. Mortgage deed

 §767. Mortgage deed A deed in substance following the form entitled "Mortgage Deed" when duly executed has the force and effect of a mortgage deed to the grantee, the grantee's heirs and assigns, to the grantee and their use and behoof forever, with covenants on the part of the grantor, for the grantor, with the grantee, the grantee's heirs and assigns, that at the time of the delivery of such mortgage deed the grantor was lawfully seized in fee of the premises, that they were free of all encumbrances, that the grantor had good right to sell and convey the same to the grantee to hold as aforesaid, and that the grantor and the grantor's heirs shall and will warrant and defend the same to the said grantee, the grantee's heirs and assigns forever, against the lawful claims and demands of all persons; and with mortgage covenants and upon the statutory condition as defined in sections 768 and 769 to secure the payment of the money or the performance of any obligation therein specified. The parties may insert in such mortgage any other lawful agreement or condition. If section 504 or Title 9-B, section 429 or a mortgage loan or mortgage note requires the payment of interest on a mandatory escrow account, that requirement must be stated in the mortgage deed.   [PL 1991, c. 118, §2 (AMD).]SECTION HISTORY PL 1967, c. 377 (NEW). PL 1991, c. 118, §2 (AMD).
33 ME Rev Stat § 768 (2021)
2021 Maine Revised Statutes|TITLE 33: PROPERTY|Chapter 12: SHORT FORM DEEDS ACT|33 §768. Mortgage covenants

 §768. Mortgage covenants In a conveyance of real estate the words "mortgage covenants" shall have the full force, meaning and effect of the following words, and shall be applied and construed accordingly: "The grantor covenants with the grantee, his heirs and assigns that he is lawfully seized in fee of the premises, that they are free of all encumbrances, that he has good right to sell and convey the same to the said grantee to hold as aforesaid and that he and his heirs shall and will warrant and defend the same to the said grantee, his heirs and assigns forever, against the lawful claims and demands of all persons."   [PL 1967, c. 377 (NEW).]SECTION HISTORY PL 1967, c. 377 (NEW).