reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §104. Application of provisions (REPEALED)

§104. Application of provisions
(REPEALED)
SECTION HISTORY
PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §105. Retroactive effect (REPEALED)

§105. Retroactive effect
(REPEALED)
SECTION HISTORY
PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5: RULE AGAINST PERPETUITIES › 33 §106. Instruments affected (REPEALED)

§106. Instruments affected
(REPEALED)
SECTION HISTORY
PL 2017, c. 402, Pt. B, §1 (RP). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5-A: RULE AGAINST PERPETUITIES › 33 §112. When nonvested property interest or power of appointment created

§112. When nonvested property interest or power of appointment created
1.  General principles.
Except as provided in subsections 2 and 3 and in section 115, subsection 1, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Unqualified beneficial owner.
For purposes of this chapter, if there is an individual who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 111, subsection 2 or 3, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Arising out of transfer of property.
For purposes of this chapter, a nonvested property interest or a power of appointment arising out of a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5-A: RULE AGAINST PERPETUITIES › 33 §113. Reformation

§113. Reformation
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and so that the reformed disposition is within the 90 years allowed by section 111, subsection 1, paragraph B; section 111, subsection 2, paragraph B; or section 111, subsection 3, paragraph B if:   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1.  Nonvested property interest or power of appointment.
A nonvested property interest or a power of appointment becomes invalid under section 111;
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Class gift.
A class gift is not but might become invalid under section 111 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Certain nonvested property interest not validated.
A nonvested property interest that is not validated by section 111, subsection 1, paragraph A can vest but not within 90 years after its creation.
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5-A: RULE AGAINST PERPETUITIES › 33 §115. Application

§115. Application
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).]
SECTION HISTORY
PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5-A: RULE AGAINST PERPETUITIES › 33 §116. Contingent interests

§116. Contingent interests
1.  Specified contingency within 30 years.
Except as provided in subsection 2, a fee simple determinable in land or a fee simple in land subject to a right of entry for condition broken becomes a fee simple absolute if the specified contingency does not occur within 30 years from the date when the fee simple determinable or the fee simple subject to a right of entry becomes possessory. If the specified contingency occurs within the 30 years, the succeeding interest, which may be an interest in a person other than the individual creating the interest or that individual's heirs, becomes possessory or the right of entry exercisable notwithstanding the rule against perpetuities.
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Contingency within period.
If a fee simple determinable in land or a fee simple in land subject to a right of entry for condition broken is so limited that the specified contingency must occur, if at all, within the period of the rule against perpetuities, the interests take effect as limited.
[PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Not applicable to public, charitable or religious purposes; grant to State or political subdivision.
This section does not apply:
A. If both the fee simple determinable and the succeeding interest or both the fee simple and the right of entry are for public, charitable or religious purposes; or   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. To a deed, gift or grant to the State or any political subdivision of the State.   [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).]
SECTION HISTORY
PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5-A: RULE AGAINST PERPETUITIES › 33 §117. Application of provisions

§117. Application of provisions
This chapter applies to both legal and equitable interests.   [PL 2017, c. 402, Pt. B, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 5-A: RULE AGAINST PERPETUITIES › 33 §118. Supersession

§118. Supersession
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).]
SECTION HISTORY
PL 2017, c. 402, Pt. B, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 6: AFFORDABLE HOUSING COVENANTS › 33 §121. Definitions

§121. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 373 (NEW).]
1.  Affordable housing covenant.
"Affordable housing covenant" means any agreement among one or more owners, one or more tenants of residential real estate and one or more qualified holders, or between one or more owners and one or more qualified holders, or between one or more tenants and one or more qualified holders, that permits a qualified holder to control, either directly or indirectly, the purchase price of residential housing for the primary purpose of providing that the housing remains affordable to lower income and moderate-income households.
[PL 1991, c. 373 (NEW).]
2.  Lower income and moderate-income households.
"Lower income and moderate-income households" means very low-income, low-income and moderate-income households as defined in the Affordable Housing Partnership Act of 1989.
[PL 1991, c. 373 (NEW).]
3.  Qualified holder.
"Qualified holder" means a governmental entity empowered to hold an interest in real property under the laws of this State or the United States or a nonprofit organization whose purposes include the provision of affordable housing or the increasing of affordable housing opportunities for lower income or moderate-income households including governmental or quasi-governmental entities such as public housing authorities, community action agencies or other similar nonprofit or governmental entities committed to providing opportunities for lower income or moderate-income households to obtain affordable housing.
[PL 1991, c. 373 (NEW).]
SECTION HISTORY
PL 1991, c. 373 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 6: AFFORDABLE HOUSING COVENANTS › 33 §122. Creation; conveyance; acceptance; duration

§122. Creation; conveyance; acceptance; duration
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).]
SECTION HISTORY
PL 1991, c. 373 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 6: AFFORDABLE HOUSING COVENANTS › 33 §123. Judicial actions

§123. Judicial actions
1.  Owners; qualified holders.
An action affecting an affordable housing covenant may be brought or intervened in by:
A. An owner of an interest in the real property burdened by the covenant; or   [PL 1991, c. 373 (NEW).]
B. A qualified holder of the benefit of the affordable housing covenant.   [PL 1991, c. 373 (NEW).]
[PL 1991, c. 373 (NEW).]
2.  State; political subdivision.
An action affecting an affordable housing covenant may be intervened in by the State or a political subdivision of the State in which the real property burdened by the covenant is located.
[PL 1991, c. 373 (NEW).]
3.  Power of court.
This chapter does not affect the power of a court to enforce an affordable housing covenant by injunction or proceeding in equity or to modify or terminate an affordable housing covenant in accordance with principles of law and equity. A court may deny equitable enforcement of an affordable housing covenant when it finds that a change of circumstances has rendered that covenant no longer in the public interest. If the court so finds, the court may allow damages as the only remedy in an action to enforce the affordable housing covenant.
A comparative economic test may not be used to determine under this subsection if an affordable housing covenant is in the public interest.
[PL 1991, c. 373 (NEW).]
SECTION HISTORY
PL 1991, c. 373 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 6: AFFORDABLE HOUSING COVENANTS › 33 §124. Scope of affordable housing covenant

§124. Scope of affordable housing covenant
An affordable housing covenant may include any of the following agreements affecting residential real estate:   [PL 1991, c. 373 (NEW).]
1.  Resale price of residential real estate.
To limit the resale price of residential real estate;
[PL 1991, c. 373 (NEW).]
2.  Amount of equity appreciation.
To limit the amount of equity appreciation that a landowner may derive from ownership of residential real estate;
[PL 1991, c. 373 (NEW).]
3.  Improvements to residential real estate.
To limit the extent or dollar value of improvements that may be made to residential real estate;
[PL 1991, c. 373 (NEW).]
4.  Class of persons to whom residential real estate may be sold.
To restrict the class of persons to whom residential real estate may be sold or leased, as long as that restriction does not discriminate based upon actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin or familial status and does not otherwise contravene the Constitution of Maine or the United States Constitution, except that the prohibition under this subsection regarding discrimination on the basis of familial status does not apply to housing for older persons, as defined in Title 5, section 4581, subsection 2;
[PL 2021, c. 553, §21 (AMD).]
5.  Options to purchase.
To grant rights of first refusal or options to purchase to qualified holders;
[PL 1991, c. 373 (NEW).]
6.  Maintenance and insurance of residential real estate.
To maintain and insure residential real estate;
[PL 1991, c. 373 (NEW).]
7.  Right of qualified holders to enter and inspect.
In accordance with section 122, subsection 5, to provide to qualified holders the right to periodic entry and inspection of residential real estate at reasonable times and after reasonable notice;
[PL 1991, c. 373 (NEW).]
8.  Construction and materials.
To restrict, limit or specify types of construction and materials that may be used in the construction of or improvements to residential real estate; and
[PL 1991, c. 373 (NEW).]
9.  Acts that may enhance affordability of residential real estate.
To prohibit, limit or require other acts that may enhance the affordability of residential real estate over time to lower income or moderate-income households.
[PL 1991, c. 373 (NEW).]
SECTION HISTORY
PL 1991, c. 373 (NEW). PL 2021, c. 348, §51 (AMD). PL 2021, c. 553, §21 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 6: AFFORDABLE HOUSING COVENANTS › 33 §125. Validity

§125. Validity
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).]
SECTION HISTORY
PL 1991, c. 373 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 6: AFFORDABLE HOUSING COVENANTS › 33 §126. Application

§126. 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 an affordable housing covenant or an equitable servitude, restriction easement or other interest.
[PL 1991, c. 373 (NEW).]
2.  Affordable housing covenant created before effective date.
This chapter applies to any affordable housing covenant created before the effective date of this chapter if the affordable housing 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 1991, c. 373 (NEW).]
3.  Chapter does not invalidate interest.
This chapter does not invalidate any interest, whether designated as an affordable housing covenant or an equitable servitude, restriction, easement or other interest, that is enforceable under other laws of this State.
[PL 1991, c. 373 (NEW).]
SECTION HISTORY
PL 1991, c. 373 (NEW).
2023 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. A governmental entity authorized to hold an interest in real property;   [PL 2023, c. 70, §1 (NEW).]
B. 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; or   [PL 2023, c. 70, §1 (NEW).]
C. A nonprofit organization organized under state law whose purposes or powers include retaining or protecting coastal community values, culture or heritage, coastal habitat or real property that provides coastal water access.   [PL 2023, c. 70, §1 (NEW).]
[PL 2023, c. 70, §1 (RPR).]
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). PL 2023, c. 70, §1 (AMD).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §151. Items covered by deed

§151. Items covered by deed
A person owning real estate and having a right of entry into it, whether seized of it or not, may convey it or all his interest in it, by a deed to be acknowledged and recorded as provided in this chapter. Down trees lying on land at the time of conveyance are real estate and pass by the deed; but such down trees as are cut into wood, logs or other lumber and hemlock bark peeled are personal property, and the owner may remove them in a reasonable time thereafter.   [PL 1983, c. 433 (AMD).]
SECTION HISTORY
PL 1983, c. 433 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §151-A. Definitions

§151-A. Definitions
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).]
SECTION HISTORY
PL 1969, c. 433, §94 (NEW). PL 1971, c. 598, §84 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §152. Contingent estates

§152. Contingent estates
When a contingent remainder, executory devise or estate in expectancy is so limited to a person that it will, in case of his death before the happening of such contingency, descend in fee simple to his heirs, he may before it happens convey or devise it subject to the contingency.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §153. Sale or mortgage of estates subject to contingent remainders

§153. Sale or mortgage of estates subject to contingent remainders
1.  Sale or mortgage.
When real estate is subject to a contingent remainder, executory devise or power of appointment, the Superior Court, the District Court or the Probate Court for the county or district in which the real estate is situated may, upon the petition of any person who has an estate in possession in the real estate and after notice and other proceedings as required, appoint one or more trustees and authorize the trustee or trustees:
A. To sell and convey the estate or any part of the estate in fee simple, if such a sale and conveyance appears to the court to be necessary or expedient; or   [PL 1999, c. 547, Pt. A, §4 (NEW).]
B. To mortgage the estate, either with or without power of sale, for such an amount, on such terms and for such purposes as may seem to the court judicious or expedient.   [PL 1999, c. 547, Pt. A, §4 (NEW).]
The conveyance or mortgage is valid and binding upon all parties.
[PL 1999, c. 547, Pt. A, §4 (NEW).]
2.  Petition.
The petition must set forth the nature of the petitioner's title to the real estate, the source from which the title was derived, the names and addresses of all persons known to be interested in the real estate and any other facts necessary for a full understanding of the matter.
[PL 1999, c. 547, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 547, §A4 (RPR).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §154. -- notice; appointment of next friend of minors

§154. -- notice; appointment of next friend of minors
Notice of any such petition shall be given in such manner as the court may order to all persons who are or may become interested in the real estate to which the petition relates, and to all persons whose issue, not in being, may become interested therein. If persons interested in said real estate do not consent in writing to a sale thereof, personal notice of the time and place of the hearing on said petition shall be given to all persons known to be interested therein. Said personal notice may be given in any manner provided by law, or by the clerk of courts or the register of probate sending a copy of said petition and order of court thereon by registered mail, return receipt requested, in time to give each party at least 14 days' notice of said hearing. The written statements of said clerk and register, with the return receipt, shall be proof of said service. The court shall in every case appoint a suitable person to appear and act therein as the next friend of all minors, persons not ascertained and persons not in being, who are or may become interested in such real estate. The cost of the appearance and services of such next friend, including the compensation of his counsel, to be determined by the court, shall be paid as the court may order either out of the proceeds of the sale or mortgage or by the petitioner, in which latter case execution therefor may issue in the name of the next friend.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §155. -- bond of trustees; disposal of proceeds of sale

§155. -- bond of trustees; disposal of proceeds of sale
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.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §156. Entailments barred by conveyance in fee simple

§156. Entailments barred by conveyance in fee simple
A person seized of land as a tenant in tail may convey it in fee simple. When a minor is so seized of land, his guardian, duly licensed to sell it for his support and education or to invest the proceeds for his benefit, may convey it in fee simple. When land is owned by one person for life with a vested remainder in tail in another, they may by a joint deed convey the same in fee simple. Such conveyances bar the estate tail and all remainders and reversions expectant thereon.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §157. Conveyance of greater estate, conveys only interest owned

§157. Conveyance of greater estate, conveys only interest owned
A conveyance of a greater estate than he can lawfully convey, made by a tenant for life or years, will pass what estate he has and will not work a forfeiture, and no expectant estate can be defeated by any act of the owner of the precedent estate or by any destruction of it, except as provided in section 156.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §158. Conveyance for life and to heirs in fee

§158. Conveyance for life and to heirs in fee
A conveyance or devise of land to a person for life and to his heirs in fee, or by words to that effect, shall be construed to vest an estate for life only in the first taker and a fee simple in his heirs.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §160. -- mortgage or trust

§160. -- mortgage or trust
When real estate is conveyed in mortgage or in trust to 2 or more persons, with power to appoint a successor to one deceased, it is held in joint tenancy unless otherwise expressed. When one or more of the trustees, by death or otherwise, is divested of his interest, those remaining may convey such interest upon the same trusts, without impairing the joint tenancy, to trustees by them appointed, who shall hold the title, have the rights and be subject to the liabilities of the other trustees. Personal property, with real estate and upon the same trusts, is held as the real estate is, and it may be conveyed by the remaining trustees with the real estate and held in like manner.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §161. Quitclaim or release

§161. Quitclaim or release
A deed of release or quitclaim of the usual form conveys the estate which the grantor has and can convey by a deed of any other form. A joint deed of husband and wife conveys her estate in which the husband has an interest.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1: ESTATES PASSING › 33 §162. No estate greater than tenancy at will unless by writing

§162. No estate greater than tenancy at will unless by writing
There can be no estate created in lands greater than a tenancy at will, and no estate in them can be granted, assigned or surrendered unless by some writing signed by the grantor or maker or his attorney.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-A: RESIDENTIAL PROPERTY DISCLOSURES › 33 §171. Definitions

§171. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1999, c. 476, §1 (NEW).]
1.  Known defect.
"Known defect" means a condition, known by the seller, that has a significant adverse effect on the value of property, significantly impairs the health or safety of future occupants of the property or, if not repaired, removed or replaced, significantly shortens the expected normal life of the premises.
[PL 1999, c. 476, §1 (NEW).]
2.  Seller.
"Seller" means the owner of the residential real property that is for sale, exchange, sale under an installment contract or lease with an option to buy.
[PL 1999, c. 476, §1 (NEW).]
3.  Property disclosure statement.
"Property disclosure statement" means a written disclosure form prepared by a seller pursuant to section 173.
[PL 1999, c. 476, §1 (NEW).]
4.  Purchaser.
"Purchaser" means a transferee in any of the types of transactions described in section 172.
[PL 1999, c. 476, §1 (NEW).]
5.  Real estate contract.
"Real estate contract" means a contract for the transfer of ownership of residential real property by any of the ways described in section 172.
[PL 1999, c. 476, §1 (NEW).]
6.  Residential real property.
"Residential real property" means real estate consisting of one or not more than 4 residential dwelling units.
[PL 1999, c. 476, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 476, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-A: RESIDENTIAL PROPERTY DISCLOSURES › 33 §173-A. Information provided

§173-A. Information provided
Beginning January 1, 2004, unless the transaction is exempt under section 172, the seller of residential real property shall provide to the purchaser information developed by the Director of the Bureau of Health within the Department of Health and Human Services regarding what homeowners should know about arsenic in private water supplies and arsenic in treated wood. Copies of this information must be provided to sellers at cost.   [PL 2003, c. 457, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 2003, c. 457, §1 (NEW). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-A: RESIDENTIAL PROPERTY DISCLOSURES › 33 §174. Delivery and time of disclosure; cancellation of contract

§174. Delivery and time of disclosure; cancellation of contract
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).]
SECTION HISTORY
PL 1999, c. 476, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-A: RESIDENTIAL PROPERTY DISCLOSURES › 33 §175. Change in circumstances

§175. Change in circumstances
1.  Inaccurate information.
If information disclosed in accordance with this subchapter becomes inaccurate as a result of any action, occurrence or agreement after the delivery of the property disclosure statement, the resulting inaccuracy does not constitute a violation of this subchapter.
[PL 1999, c. 476, §1 (NEW).]
2.  Supplemental disclosure.
If prior to settlement or occupancy a seller has actual knowledge of an error, inaccuracy or omission in the disclosure after delivery of the property disclosure statement to purchaser, the seller shall supplement the property disclosure statement with a written supplemental disclosure.
[PL 1999, c. 476, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 476, §1 (NEW).