reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §658. Recording of releases or waivers of conditions

§658. Recording of releases or waivers of conditions
Whenever land has been lotted in accordance with section 657 and lots described therein have been conveyed by deeds of conveyance containing one or more uniform conditions which restrict the full and unqualified enjoyment of the right or estate granted, the grantor may subsequently by a writing under seal and by the grantor signed and acknowledged and recorded in the registry of deeds for the county or registry district in which the land lies, release and waive one or more of such conditions by reference to lot numbers, block numbers, section numbers or other apt description. Such release and waiver need not state a consideration and need not contain the names of the grantees or present owners of the respective parcels. Such release and waiver shall thereafter accrue to the respective individual benefit of the owners of the parcels described in such release and waiver and may be used by them as a bar to any action by the said grantor for breach of any such condition thus released and waived. Such writing shall not in any way affect or impair like conditions in respect to other deeds of lots shown on such plans and not included in such release and waiver, and such writing shall not in any way affect or impair other conditions contained in deeds of the parcels referred to in such release and waiver.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §659. Duplicates of plans in court files

§659. Duplicates of plans in court files
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.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §660. Plans of townships; copies; filing and indexing

§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 can not be had at a reasonable price, they shall procure copies of the most authentic plans known to exist. All copies must be on the best quality of linen paper backed with cloth or polyester film with archival photographic image. Suitable filing cases must be provided in each registry of deeds for the reception and preservation of the plans and a suitable index of the plans must be made, having at least both alphabetical and chronological arrangement, and must be revised whenever new plans for recording are received.   [PL 2003, c. 55, §6 (AMD).]
SECTION HISTORY
PL 2003, c. 55, §6 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §661. Plans deemed of interest to county

§661. Plans deemed of interest to county
The county commissioners may at their discretion procure such plans, other than township plans, of properties within their counties, either originals or copies, as they deem for the interest of their counties to have preserved on the files of the registry of deeds. This section shall not be construed to allow the purchase of any plan which the proprietor of any estate is required by law to file with the register of deeds.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §662. Plans showing allotment of lands in cities and towns

§662. Plans showing allotment of lands in cities and towns
The municipal officers of a city 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 the city or town, to be recorded in the registry of deeds in the county or registry district in which any such city or town is situated. The plans must be recorded and kept in accordance with the provisions of section 652.   [PL 2003, c. 55, §7 (AMD).]
SECTION HISTORY
PL 2003, c. 55, §7 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §662-A. Municipal land control ordinances (REPEALED)

§662-A. Municipal land control ordinances
(REPEALED)
SECTION HISTORY
PL 1973, c. 177 (NEW). PL 1973, c. 788, §167 (AMD). PL 1981, c. 216, §3 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §663. Copies of transfers of lands in unorganized territory sent to State Tax Assessor

§663. Copies of transfers of lands in unorganized territory sent to State Tax Assessor
In each county containing lands in unorganized territory, so called, the register of deeds shall transmit to the State Tax Assessor certified copies of the record of all transfers of lands in unorganized territory made after the 20th day of March, 1907, within 10 days after such record is made. Such copies shall be placed on file and retained for future reference by the State Tax Assessor.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §664. Notices of federal tax liens (REPEALED)

§664. Notices of federal tax liens
(REPEALED)
SECTION HISTORY
PL 1981, c. 279, §22 (AMD). PL 1987, c. 645, §2 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §665. Farm owner may name lands for filing and recording

§665. Farm owner may name lands for filing and recording
The owner of any farm lands may designate a specific name for such lands and the said name together with a description of said farm lands according to the latest authentic survey thereof may be filed with the register of deeds of the county wherein the said lands or a part thereof are situated. The name together with the description of the lands shall be recorded by the register of deeds under section 651. The register of deeds shall be paid the fee set in section 751. No 2 names so designated and recorded may be alike in the same county.   [PL 1981, c. 279, §§ 23, 23-A (AMD).]
SECTION HISTORY
PL 1981, c. 279, §§23,23A (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §666. Transfer of named farm lands

§666. Transfer of named farm lands
Whenever any owner of farm lands, the name of which has been recorded as provided in section 665 transfers by deed or otherwise the whole of such farm lands, such transfer may include the registered name thereof. If the owner shall transfer only a portion of such farm lands, then the registered name thereof shall not be transferred to the purchaser, unless so stated in the deed of conveyance.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §667. Conservation restrictions; defined (REPEALED)

§667. Conservation restrictions; defined
(REPEALED)
SECTION HISTORY
PL 1969, c. 566, §1 (NEW). PL 1985, c. 395, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §668. -- acquisition, effect, recording and release (REPEALED)

§668. -- acquisition, effect, recording and release
(REPEALED)
SECTION HISTORY
PL 1969, c. 566, §2 (NEW). PL 1983, c. 458, §13 (AMD). PL 1985, c. 395, §2 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §669. Copies of bankruptcy orders and decrees

§669. Copies of bankruptcy orders and decrees
At any time after a petition in bankruptcy is filed, or a decree of adjudication or an order approving the trustee's bond is made, pursuant to the Federal Bankruptcy Act of 1898, as amended, the bankrupt, trustee, receiver, custodian, referee or any creditor may record a certified copy of such petition, with the schedules omitted, or of such decree or order in the registry of deeds for any county or district wherein the bankrupt owns or has an interest in any land.   [PL 1971, c. 68 (NEW).]
SECTION HISTORY
PL 1971, c. 68 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 2: RECORDS AND RECORDING › 33 §670. Facsimile signature of the register and deputy register of deeds

§670. Facsimile signature of the register and deputy register of deeds
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).]
SECTION HISTORY
PL 1979, c. 179 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 3: LOCATION OF OFFICES › 33 §702. Western district office in Oxford County (REPEALED)

§702. Western district office in Oxford County
(REPEALED)
SECTION HISTORY
PL 2017, c. 330, §1 (AMD). MRSA T. 33 §702 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 3: LOCATION OF OFFICES › 33 §703. Northern district office in Aroostook County

§703. Northern district office in Aroostook County
All that part of the County of Aroostook lying north of a line commencing at the southeast corner of Township F, in the first range, west from the east line of the State, thence west on the south line of said township and the south line of Township K in the 2nd range, to Township number 15 in the 3rd range, thence north to the northeast corner of Township number 15 in the 3rd range, thence west to the northwest corner of Township number 15 in the 3rd range, thence south to the southwest corner of Township number 15 in the 3rd range, thence west to the northwest corner of Township number 14 in the 4th range, thence south to the southwest corner of Township number 14 in the 4th range, thence west on the dividing line of Townships 13 and 14 to the 7th range line, thence north to the northeast corner of Township number 14 in the 8th range, thence west to the west line of the State, compose the northern registry district of Aroostook County. The register shall keep his office in the Town of Fort Kent.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 4: FEES › 33 §752. Records preservation surcharge

§752. Records preservation surcharge
1.  Surcharge.
In addition to any other fees required by law, a register of deeds may collect a surcharge of $3 per document for all records that are recorded in the registry of deeds, except those recorded by agencies of State Government, including quasi-independent state entities as defined in Title 5, section 12021, subsection 5, and municipalities.
[PL 2017, c. 116, §1 (AMD).]
2.  Account.
The surcharge imposed in subsection 1 must be transferred to the county treasurer who shall deposit it in a separate nonlapsing account within 30 days of receipt. Money in the account is not available for use as a general revenue of the county. Interest earned on the account must be credited to the account.
[PL 1997, c. 503, §1 (NEW).]
3.  Expenditures from account.
The money in the account established in subsection 2 must be used for the restoration, re-creation and preservation of the records recorded in the office of the register of deeds, including preservation by creation of a digital image stored on magnetic or optical media. The money may not be used for initial recording of documents.
[PL 2005, c. 584, §1 (AMD).]
4.  Repeal.
[PL 2003, c. 294, §2 (RP).]
5.  Annual report.
The register of deeds for each county shall report annually to the joint standing committee of the Legislature having jurisdiction over state and local government matters on the amount of surcharge funds raised and expended and the use of those funds. The registers of deeds may jointly prepare and submit the report required under this subsection, as long as the required information is separately described for each county.
[PL 2003, c. 294, §3 (NEW).]
6.  Misappropriation of funds; penalty.
Any county that uses funds from the records preservation surcharge account established in subsection 2 for any purpose that is not in accordance with the standards established in subsection 3 commits a civil violation for which a fine of $100 per day from the date of the withdrawal to the date the money is restored to the account must be adjudged. Fines must be paid out of the county budget and be deposited in the account established in subsection 2.
[PL 2005, c. 584, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 503, §1 (NEW). PL 2001, c. 317, §1 (AMD). PL 2003, c. 294, §§1-3 (AMD). PL 2005, c. 584, §§1,2 (AMD). PL 2017, c. 116, §1 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 11: REGISTER OF DEEDS › Subchapter 4: FEES › 33 §753. Definitions

§753. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2013, c. 370, §6 (NEW).]
1.  Electronic abstract.
"Electronic abstract" means the digital indexing information for a document.
[PL 2013, c. 370, §6 (NEW).]
2.  Image.
"Image" means a digital capture of an individual page of a document or plan filed in a county registry of deeds.
[PL 2013, c. 370, §6 (NEW).]
3.  Person.
"Person" means a person, corporation, partnership or other entity.
[PL 2013, c. 370, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 370, §6 (NEW).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §769. Statutory condition in mortgage

§769. Statutory condition in mortgage
The following "condition" shall be known as the "Statutory Condition," and may be incorporated in any mortgage by reference:   [PL 1967, c. 377 (NEW).]
Condition
Provided nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, his heirs, executors or administrators pay to the mortgagee, his heirs, executors, administrators or assigns the principal and interest secured by the mortgage, and shall perform any obligation secured at the time provided in the note, mortgage or other instrument or any extension thereof, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes, charges and assessments to whomsoever and whenever laid or assessed, whether on the mortgaged premises or on any interest therein or on the debt or obligation secured thereby; and shall keep the buildings on said premises insured against fire in a sum not less than the amount secured by the mortgage or as otherwise provided therein for insurance for the benefit of the mortgagee and his executors, administrators and assigns, in such form and at such insurance offices as they shall approve, and, at least 2 days before the expiration of any policy on said premises, shall deliver to him or them a new and sufficient policy to take the place of the one so expiring, and shall not commit nor suffer any strip or waste of the granted premises, nor commit any breach of any covenant contained in the mortgage or in any prior mortgage, then the mortgage deed, as also the mortgage note or notes shall be void, otherwise shall remain in full force.   [PL 1967, c. 377 (NEW).]
SECTION HISTORY
PL 1967, c. 377 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §770. Assignment of mortgage; words of transfer

§770. Assignment of mortgage; words of transfer
In an assignment of a mortgage of real estate the word "assign" shall be a sufficient word to transfer the mortgage, without the words "sell, transfer and convey."   [PL 1967, c. 377 (NEW).]
SECTION HISTORY
PL 1967, c. 377 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §771. Grant as a word of conveyance

§771. Grant as a word of conveyance
In a conveyance of real estate the word "grant" or the word "convey" shall be a sufficient word of conveyance without the use of the words "give, grant, bargain, sell and convey", and no covenant shall be implied from the use of the word "grant" or "convey". In a release of real estate the word "release" shall be a sufficient word to convey the estate which the grantor has.   [PL 1967, c. 377 (NEW).]
SECTION HISTORY
PL 1967, c. 377 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §772. Words of inheritance; habendum

§772. Words of inheritance; habendum
1.  Words of inheritance; habendum.
In a conveyance or reservation of real estate, the terms "heirs," "successors," "assigns," "forever" or other technical words of inheritance, or an habendum clause, are not necessary to convey or reserve an estate in fee. A conveyance or reservation of real estate, whether made before or after the effective date of this section, must be construed to convey or reserve an estate in fee simple, unless a different intention is clearly expressed in the instrument by a statement that the interest conveyed or reserved is an interest other than an estate in fee, by a limiting of the duration of the interest to a period less than perpetual duration or by an explicit restriction of the interest to the use and benefit only of the person or persons to whom it is conveyed or reserved. The omission of technical words of inheritance may not be construed to evidence an intention to convey or reserve an interest other than an estate in fee simple, even if such words are used elsewhere in the same instrument.
[PL 2013, c. 90, §1 (AMD).]
2.  Preservation of rights.
A person claiming an interest in real estate by reason of the omission of technical words of inheritance or the lack of an habendum clause in a deed that conveyed or reserved a property interest before October 7, 1967 may preserve that claim by commencing a civil action for the recovery of that property in the Superior Court or the District Court in the county or division in which the property is located on or before December 31, 2002.
[PL 1999, c. 69, §1 (NEW).]
3.  Limitation.
After December 31, 2002, a person may not commence a civil action for the recovery of property or enter that property under a claim of right based on the absence of an habendum clause or technical words of inheritance in any deed.
[PL 1999, c. 69, §1 (NEW).]
4.  Construction of laws.
This section may not be construed to extend the period for bringing of an action or for the doing of any other required act under any statute of limitations.
[PL 1999, c. 69, §1 (NEW).]
5.  Liberal construction.
This section must be liberally construed to effect the legislative purpose of clarifying title to land currently encumbered by ancient deeds that lacked technical words of inheritance or an habendum clause.
[PL 1999, c. 69, §1 (NEW).]
SECTION HISTORY
PL 1967, c. 377 (NEW). PL 1969, c. 344, §1 (AMD). PL 1999, c. 69, §1 (RPR). PL 2013, c. 90, §1 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §772-A. Effect of release

§772-A. Effect of release
1.  Testimonium clause.
A deed or other instrument executed after the effective date of this subsection that includes the following language: "[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights" or similar language within the testimonium clause conveys any and all interests of the joining spouse to the property described in the deed or other instrument. This subsection applies to a deed or other instrument even if the joining spouse is not set forth in the beginning of the deed as a grantor to the conveyance.
This subsection does not apply to a deed dated before the effective date of this subsection that contains language in the testimonium clause as described in this subsection until November 1, 2000, at which time this subsection applies unless notice of a claim of right, title or interest is recorded in the registry of deeds for the county in which the land is located and an action is commenced on or before November 1, 2000 in any court with jurisdiction to adjudicate this action.
[PL 1999, c. 343, §1 (NEW).]
2.  Filing of notice.
In order for the notice specified in subsection 1 to be effective, it must contain an adequate description of the property in which the right, title or interest is claimed; a reference to the deed or other instrument on which the claim is based; the name of the current record owner of the property; and must be duly verified by oath taken by any person authorized to perform notarial acts. The register of deeds for the county in which the land is located shall accept all such notices presented that describe property located in the county and shall enter and record them in the same manner that deeds and other instruments are recorded and may charge the same fee for the recording of these notices as is charged for recording deeds. In indexing the notice, the register of deeds shall enter it in the grantee index of deeds under the name of the claimant appearing in the notice and in the grantor index of deeds under the name of the record owner appearing in the notice. Within a reasonable time after recording the notice, the register of deeds shall enter upon the margin of the record of the deed or other instrument on which the claim is based the volume and page in which the record of the notice may be found. The person filing the notice shall deliver or mail a copy of the notice to the current record owner of the property at the last known address of that owner.
[PL 1999, c. 343, §1 (NEW).]
3.  Persons under disability; time limits not extended.
Disability or lack of knowledge of any kind does not extend the time limits provided in this section.
[PL 1999, c. 343, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 367, §2 (NEW). PL 1999, c. 343, §1 (RPR).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §773. Easements, privileges and appurtenances belonging to granted estate

§773. Easements, privileges and appurtenances belonging to granted estate
In a conveyance of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed.   [PL 1969, c. 83 (AMD).]
SECTION HISTORY
PL 1967, c. 377 (NEW). PL 1969, c. 83 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 12: SHORT FORM DEEDS ACT › 33 §774. Seals not required

§774. Seals not required
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).]
SECTION HISTORY
PL 1967, c. 377 (NEW). PL 1969, c. 344, §2 (RPR).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §801. Definition (REPEALED)

§801. Definition
(REPEALED)
SECTION HISTORY
PL 1981, c. 156 (RPR). PL 1999, c. 689, §1 (AMD). PL 1999, c. 689, §7 (AFF). PL 2011, c. 126, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §802. East, West, Maine 2000 West, Maine 2000 Central and Maine 2000 East zones

§802. East, West, Maine 2000 West, Maine 2000 Central and Maine 2000 East zones
1.  East Zone.
As established for use in the East Zone, the Maine Coordinate System of 1927 or the Maine Coordinate System of 1983 must be named and, in any land description in which it is used, must be designated the "Maine Coordinate System of 1927 East Zone" or "Maine Coordinate System of 1983 East Zone."
[PL 2011, c. 126, §3 (NEW).]
2.  West Zone.
As established for use in the West Zone, the Maine Coordinate System of 1927 or the Maine Coordinate System of 1983 must be named and, in any land description in which it is used, must be designated the "Maine Coordinate System of 1927 West Zone" or "Maine Coordinate System of 1983 West Zone."
[PL 2011, c. 126, §3 (NEW).]
3.  Maine 2000 West Zone.
As established for use in the Maine 2000 West Zone, the Maine Coordinate System of 2000 must be named and, in any land description in which it is used, must be designated the "Maine Coordinate System of 2000 West Zone."
[PL 2011, c. 126, §3 (NEW).]
4.  Maine 2000 Central Zone.
As established for use in the Maine 2000 Central Zone, the Maine Coordinate System of 2000 must be named and, in any land description in which it is used, must be designated the "Maine Coordinate System of 2000 Central Zone."
[PL 2011, c. 126, §3 (NEW).]
5.  Maine 2000 East Zone.
As established for use in the Maine 2000 East Zone, the Maine Coordinate System of 2000 must be named and, in any land description in which it is used, must be designated the "Maine Coordinate System of 2000 East Zone."
[PL 2011, c. 126, §3 (NEW).]
SECTION HISTORY
PL 1981, c. 156 (RPR). PL 1999, c. 689, §1 (AMD). PL 1999, c. 689, §7 (AFF). PL 2011, c. 126, §3 (RPR).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §803. Plane coordinates of a point

§803. Plane coordinates of a point
The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, must consist of 2 distances expressed in United States Survey feet and decimal feet or international meters and decimal meters when using the Maine Coordinate System of 1927, the Maine Coordinate System of 1983 or the Maine Coordinate System of 2000. One of these distances, to be known as the "x-coordinate" or "Easting Coordinate," gives the position in an east-and-west direction; the other, to be known as the "y-coordinate" or "Northing Coordinate," gives the position in a north-and-south direction. These coordinates must be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey and the National Geodetic Survey, or their successors, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection to any of the Maine Coordinate Systems.   [PL 2011, c. 126, §4 (AMD).]
SECTION HISTORY
PL 1981, c. 156 (RPR). PL 1999, c. 689, §1 (AMD). PL 1999, c. 689, §7 (AFF). PL 2011, c. 126, §4 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §803-A. Describing the location of any survey station or land boundary corner

§803-A. Describing the location of any survey station or land boundary corner
For purposes of describing the location of any survey station or land boundary corner in the State, it shall be considered a complete, legal and satisfactory description of such location to give the position of the survey station or land boundary corner on the system of plane coordinates defined in this chapter.   [PL 1981, c. 156 (NEW).]
Nothing contained in this chapter requires a purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon any of the Maine Coordinate Systems.   [PL 1999, c. 689, §2 (AMD); PL 1999, c. 689, §7 (AFF).]
SECTION HISTORY
PL 1981, c. 156 (NEW). PL 1999, c. 689, §2 (AMD). PL 1999, c. 689, §7 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §804. Land extending from one zone to another

§804. Land extending from one zone to another
When any tract of land to be defined by a single description extends from one into another of the above coordinate zones, the positions of all points on its boundaries may be referred to any of the zones crossed, the zone that is used being specifically named in the description.   [PL 1999, c. 689, §3 (AMD); PL 1999, c. 689, §7 (AFF).]
SECTION HISTORY
PL 1981, c. 156 (RPR). PL 1999, c. 689, §3 (AMD). PL 1999, c. 689, §7 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §806. Use in making official records of land boundaries

§806. Use in making official records of land boundaries
No coordinates based on any of the Maine Coordinate Systems and originating from established Federal Geodetic Control Committee of the United States Department of Commerce or predecessor or successor agency control points and purporting to define the position of a point on a land boundary may be presented to be recorded in any public land records or deed records, unless the survey method used for the determination of these coordinates is specifically described on the record plan or description of the survey.   [PL 2011, c. 126, §5 (AMD).]
SECTION HISTORY
PL 1981, c. 156 (RPR). PL 2011, c. 126, §5 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §807. Use of terms

§807. Use of terms
The use of the "Maine Coordinate System of 1927 East Zone," "Maine Coordinate System of 1983 East Zone," "Maine Coordinate System of 1927 West Zone," "Maine Coordinate System of 1983 West Zone," "Maine Coordinate System of 2000 West Zone," "Maine Coordinate System of 2000 Central Zone" or "Maine Coordinate System of 2000 East Zone" on any map, report of survey, or other document is limited to coordinates based on the Maine Coordinate Systems as defined in this chapter.   [PL 1999, c. 689, §5 (AMD); PL 1999, c. 689, §7 (AFF).]
SECTION HISTORY
PL 1981, c. 156 (RPR). PL 1999, c. 689, §5 (AMD). PL 1999, c. 689, §7 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 13: COORDINATE SYSTEM › 33 §807-A. Effective date (REPEALED)

§807-A. Effective date
(REPEALED)
SECTION HISTORY
PL 1981, c. 156 (NEW). PL 1999, c. 689, §6 (RPR). PL 1999, c. 689, §7 (AFF). PL 2011, c. 126, §6 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 15: TRUSTS › 33 §852. Titles not defeated by trusts without notice or record

§852. Titles not defeated by trusts without notice or record
The title of a purchaser for a valuable consideration or a title derived from levy of an execution cannot be defeated by a trust, however declared or implied by law, unless the purchaser or creditor had notice thereof. When the instrument, creating or declaring it, is recorded in the registry where the land lies, that is to be regarded as such notice.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 17: JOINT TENANCIES › Subchapter 1: PERSONAL PROPERTY › 33 §901. Corporate securities

§901. Corporate securities
Certificates of stock in corporations, corporate bonds, corporate debentures and other corporate securities, not including shares in building and loan associations, record title to which is held in the name of 2 or more persons as joint tenants or under language indicating the intention that said property be held with the right of survivorship, shall be deemed to be held in an estate in joint tenancy with all the attributes and incidents of estates in joint tenancy created or existing at common law, and shall be deemed to be so held even though said property may have been transferred directly by a person to himself jointly with another or other persons.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 17: JOINT TENANCIES › Subchapter 1: PERSONAL PROPERTY › 33 §902. -- retroactive effect

§902. -- retroactive effect
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.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 17: JOINT TENANCIES › Subchapter 1: PERSONAL PROPERTY › 33 §904. -- form of agreement

§904. -- form of agreement
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.".
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 17: JOINT TENANCIES › Subchapter 2: REAL PROPERTY › 33 §951. Joinder or severance; notice

§951. Joinder or severance; notice
All or any of the tenants in common or joint tenants of lands may join or sever in personal actions for injuries done thereto, setting forth in the complaint the names of all other cotenants, if known, and the court may order notice to be given in such actions to all other cotenants known, and all or any of them at any time before final judgment may become plaintiffs in the action, and prosecute the action for the benefit of all concerned.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 17: JOINT TENANCIES › Subchapter 2: REAL PROPERTY › 33 §952. Judgment; execution for share

§952. Judgment; execution for share
The court shall enter judgment for the whole amount of the injury proved; but shall award execution only for the proportion thereof sustained by the plaintiffs. The remaining cotenants may afterwards jointly or severally intervene in the action and on motion obtain execution for their proportion of the damages adjudged therein.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 17: JOINT TENANCIES › Subchapter 2: REAL PROPERTY › 33 §953. Recovery of rent or income from joint tenant

§953. Recovery of rent or income from joint tenant
If any one or more of the joint tenants or tenants in common take the whole rents or income in the joint estate or more than their share, without the consent of their cotenants, and refuse for a reasonable time after demand to pay such cotenants their share thereof, any one or more of them may have an action against the refusing cotenants to recover their proportion thereof.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 19: GIFTS TO MINORS (REPEALED) › 33 §1001. Definitions (REPEALED)

§1001. Definitions
(REPEALED)
SECTION HISTORY
PL 1967, c. 285, §§1-6 (AMD). PL 1969, c. 433, §95 (AMD). PL 1971, c. 598, §85 (AMD). PL 1973, c. 625, §231 (AMD). PL 1977, c. 696, §260 (AMD). PL 1987, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 19: GIFTS TO MINORS (REPEALED) › 33 §1002. Manner of making gift (REPEALED)

§1002. Manner of making gift
(REPEALED)
SECTION HISTORY
PL 1967, c. 285, §7 (AMD). PL 1973, c. 107 (AMD). PL 1979, c. 663, §214 (AMD). PL 1987, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 19: GIFTS TO MINORS (REPEALED) › 33 §1003. Effect of gift (REPEALED)

§1003. Effect of gift
(REPEALED)
SECTION HISTORY
PL 1967, c. 285, §8 (AMD). PL 1987, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 19: GIFTS TO MINORS (REPEALED) › 33 §1004. Powers and duties (REPEALED)

§1004. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1967, c. 285, §§9-12 (AMD). PL 1971, c. 622, §122 (AMD). PL 1973, c. 625, §232 (AMD). PL 1987, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 19: GIFTS TO MINORS (REPEALED) › 33 §1006. Exemption of 3rd persons from liability (REPEALED)

§1006. Exemption of 3rd persons from liability
(REPEALED)
SECTION HISTORY
PL 1967, c. 285, §13 (AMD). PL 1987, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 19: GIFTS TO MINORS (REPEALED) › 33 §1007. Resignation, death or removal; bond; successor (REPEALED)

§1007. Resignation, death or removal; bond; successor
(REPEALED)
SECTION HISTORY
PL 1967, c. 285, §§14-17 (AMD). PL 1973, c. 625, §233 (AMD). PL 1987, c. 734, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 20: IMPROVIDENT TRANSFERS OF TITLE › 33 §1021. Definitions

§1021. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 699, §1 (NEW).]
1.  Dependent.
"Dependent," with respect to an elderly person, means wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the elderly person:
A. Suffers from a significant limitation in mobility, vision, hearing, emotional or mental functioning or the ability to read or write; or   [PL 1987, c. 699, §1 (NEW).]
B. Is suffering or recovering from a major illness or is facing or recovering from major surgery.   [PL 1987, c. 699, §1 (NEW).]
[PL 1987, c. 699, §1 (NEW).]
2.  Elderly person.
"Elderly person" means a person who is 60 years of age or older.
[PL 1987, c. 699, §1 (NEW).]
3.  Independent counsel.
"Independent counsel" means an attorney retained by the elderly dependent person to represent only that person's interests in the transfer.
[PL 1987, c. 699, §1 (NEW).]
4.  Less than full consideration.
"Less than full consideration," with respect to a transfer of property, means the transferee pays less than fair market value for the property or the transfer is supported by past consideration.
[PL 1987, c. 699, §1 (NEW).]
5.  Major transfer of personal property or money.
"Major transfer of personal property or money" means a transfer of money or items of personal property which represent 10% or more of the elderly dependent person's estate.
[PL 1987, c. 699, §1 (NEW).]
6.  Transfer.
"Transfer" includes, but is not limited to, a transfer under the Uniform Real Property Transfer on Death Act, but does not include testamentary transfers, which are outside the scope of this chapter. For purposes of this chapter, a transfer under the Uniform Real Property Transfer on Death Act occurs when the deed is executed or recorded.
[PL 2017, c. 402, Pt. E, §1 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1987, c. 699, §1 (NEW). PL 1989, c. 238, §§1,4 (AMD). PL 2017, c. 402, Pt. E, §1 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 20: IMPROVIDENT TRANSFERS OF TITLE › 33 §1023. Civil action; relief available

§1023. Civil action; relief available
1.  Civil action.
A civil action may be brought to obtain relief under this chapter by an elderly dependent person, that person's legal representative or the personal representative of the estate of an elderly dependent person.
[PL 2003, c. 236, §2 (AMD).]
2.  Relief available; protected transfers and executions.
When a court finds that a transfer of property or execution of a guaranty was the result of undue influence, it shall grant appropriate relief enabling the elderly dependent person to avoid the transfer or execution, including the rescission or reformation of a deed or other instrument, the imposition of a constructive trust on property or an order enjoining use of or entry on property or commanding the return of property. When the court finds that undue influence is a good and valid defense to a transferee's suit on a contract to transfer the property or a suit of a person who benefits from the execution of a guaranty on that guaranty, the court shall refuse to enforce the transfer or guaranty.
No relief obtained or granted under this section may in any way affect or limit the right, title and interest of good faith purchasers, mortgagees, holders of security interests or other 3rd parties who obtain an interest in the transferred property for value after its transfer from the elderly dependent person. No relief obtained or granted under this section may affect any mortgage deed to the extent of value given by the mortgagee.
[PL 2003, c. 236, §2 (AMD).]
3.  Statute of limitations.
The limitations imposed by Title 14, section 752, apply to all actions brought under this chapter.
[PL 1987, c. 699, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 699, §1 (NEW). PL 1989, c. 238, §§2,4 (AMD). PL 2003, c. 236, §2 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 20: IMPROVIDENT TRANSFERS OF TITLE › 33 §1024. Other common law and statutory causes of action and relief still available

§1024. Other common law and statutory causes of action and relief still available
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).]
SECTION HISTORY
PL 1987, c. 699, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 20: IMPROVIDENT TRANSFERS OF TITLE › 33 §1025. Title practices

§1025. Title practices
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).]
SECTION HISTORY
PL 1989, c. 238, §§3,4 (NEW).