reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-A: RESIDENTIAL PROPERTY DISCLOSURES › 33 §176. Rights and duties of seller and purchaser

§176. Rights and duties of seller and purchaser
1.  Seller's rights and duties.
A property disclosure statement and any supplement to a property disclosure statement are not a warranty by the seller. The information in the disclosure statement is for disclosure only and is not intended to be a part of any contract between the purchaser and the seller.
If, at the time the disclosures are required to be made, an item of information required to be disclosed under this subchapter is unknown or unavailable to the seller, the seller may comply with this subchapter by advising the purchaser of the fact that the information is unknown.
The information provided to the purchaser is based upon the best information available to the seller. The seller is not obligated under this subchapter to make any specific investigation or inquiry in an effort to complete the property disclosure statement.
[PL 1999, c. 476, §1 (NEW).]
2.  Purchaser's rights and duties.
The property disclosure statement and any supplement to the property disclosure statement may not be used as substitutes for any inspections or warranties that the purchaser or seller may obtain. Nothing in this subchapter precludes the obligation of a purchaser to inspect the physical condition of the property.
[PL 1999, c. 476, §1 (NEW).]
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 §177. Liability

§177. Liability
A seller is not liable for any error, inaccuracy or omission of any information required to be delivered to the purchaser under this subchapter if:   [PL 1999, c. 476, §1 (NEW).]
1.  Without actual knowledge.
The error, inaccuracy or omission was not within the actual knowledge of the seller or was based on information provided by a public agency or by another person with a professional license or special knowledge who provided a written or oral report or opinion that the seller reasonably believed to be correct; and
[PL 1999, c. 476, §1 (NEW).]
2.  Without negligence.
The seller was not negligent in obtaining information from a 3rd party and transmitting that information to the purchaser.
[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 §178. Effect on other statutes or common law

§178. Effect on other statutes or common law
This subchapter is not intended to limit or modify any obligation to disclose created by any other statute or that may exist in common law in order to avoid fraud, misrepresentation or deceit in the transaction.   [PL 1999, c. 476, §1 (NEW).]
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 §179. Effective date

§179. Effective date
This subchapter takes effect January 1, 2000.   [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-B: NONRESIDENTIAL PROPERTY DISCLOSURES › 33 §191. Definitions

§191. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2017, c. 345, §4 (NEW).]
1.  Nonresidential real property.
"Nonresidential real property" means real estate that is not residential real property as defined in section 171, subsection 6.
[PL 2017, c. 345, §4 (NEW).]
2.  Public easement.
"Public easement" has the same meaning as in Title 23, section 3021, subsection 2.
[PL 2017, c. 345, §4 (NEW).]
3.  Town way.
"Town way" has the same meaning as in Title 23, section 3021, subsection 3.
[PL 2017, c. 345, §4 (NEW).]
SECTION HISTORY
PL 2017, c. 345, §4 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-B: NONRESIDENTIAL PROPERTY DISCLOSURES › 33 §192. Applicability; exemptions

§192. Applicability; exemptions
This subchapter applies to the transfer of any interest in nonresidential real property, whether by sale, installment land contract, lease with an option to purchase or any other option to purchase. If a person licensed to practice real estate brokerage is involved in the transaction, the licensee is subject to the requirements of licensure in Title 32, chapter 114. The following transfers are exempt from this subchapter:   [PL 2017, c. 345, §4 (NEW).]
1.  Court order.
Transfers pursuant to court order, including, but not limited to, transfers ordered by a court in the administration of an estate, transfers pursuant to a writ of execution, transfers by any foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent domain and transfers resulting from a decree for specific performance;
[PL 2017, c. 345, §4 (NEW).]
2.  Default.
Transfers to a mortgagee by a mortgagor or successor in interest who is in default or transfers to a beneficiary of a deed of trust by a trustor or successor in interest who is in default;
[PL 2017, c. 345, §4 (NEW).]
3.  Co-owner.
Transfers from one or more co-owners solely to one or more other co-owners;
[PL 2017, c. 345, §4 (NEW).]
4.  Testate; intestate succession.
Transfers pursuant to testate or intestate succession;
[PL 2017, c. 345, §4 (NEW).]
5.  Divorce.
Transfers between spouses resulting from a judgment of divorce or a judgment of separate maintenance or from a property settlement agreement incidental to such a judgment;
[PL 2017, c. 345, §4 (NEW).]
6.  Living trust.
Transfers to a living trust; and
[PL 2017, c. 345, §4 (NEW).]
7.  Corrective deed.
Transfers that, without additional consideration and without changing ownership or ownership interest, confirm, correct, modify or supplement a deed previously recorded.
[PL 2017, c. 345, §4 (NEW).]
SECTION HISTORY
PL 2017, c. 345, §4 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 1-B: NONRESIDENTIAL PROPERTY DISCLOSURES › 33 §193. Disclosures

§193. Disclosures
Unless the transaction is exempt under section 192, the seller of nonresidential real property shall provide to the purchaser a property disclosure statement containing the following:   [PL 2017, c. 345, §4 (NEW).]
1.  Roads on or abutting property.
[PL 2019, c. 142, §1 (RP).]
2.  Road maintenance.
[PL 2019, c. 142, §1 (RP).]
3.  Access to the property.
Information describing the means of accessing the property by:
A. A public way, as defined in Title 29‑A, section 101, subsection 59; and   [PL 2019, c. 142, §2 (NEW).]
B. Any means other than a public way, in which case the seller shall disclose information about who is responsible for maintenance of the means of access, including any responsible road association, if known by the seller.   [PL 2019, c. 142, §2 (NEW).]
[PL 2019, c. 142, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 345, §4 (NEW). PL 2019, c. 142, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §201. Priority of recording

§201. Priority of recording
No conveyance of an estate in fee simple, fee tail or for life, or lease for more than 2 years or for an indefinite term is effectual against any person except the grantor, his heirs and devisees, and persons having actual notice thereof unless the deed or lease is acknowledged and recorded in the registry of deeds within the county where the land lies, and if the land is in 2 or more counties then the deed or lease shall be recorded in the registry of deeds of each of such counties, and in counties where there are 2 or more registry districts then the deed or lease shall be recorded in the district legal for such record. Conveyances of the right, title or interest of the grantor, if duly recorded, shall be as effectual against prior unrecorded conveyances, as if they purported to convey an actual title. All recorded deeds, leases or other written instruments regarding real estate take precedence over unrecorded attachments and seizures.
A memorandum of lease of real estate may be recorded, and if so recorded, the lease shall be considered recorded for all purposes. Said memorandum shall be executed and acknowledged by one of the lessors, name all the parties to the lease, contain an intelligible description of the property leased, state the date and the term of the lease, describe any provisions related to renewals or extensions, describe any provisions relating to options to purchase or the transfer of title, but need not describe any provisions relating to rent. The recording of said memorandum shall constitute notice of all terms of the lease including all provisions relating to rental, price, considerations and default, as effectively as if said lease had been recorded in full. Nothing herein contained shall be deemed to affect the validity of the recording of an abstract, memorandum or statement of lease prior to September 21, 1963, but any such abstract, memorandum or statement of lease recorded prior to September 21, 1963, shall be deemed to meet the requirements of a memorandum of lease made and recorded hereunder if it reasonably describes the parties to the lease and contains a reasonable description of the leased property.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §201-A. Conditions of actual notice

§201-A. Conditions of actual notice
An exception, reservation, or recital in a conveyance, mortgage, devise or other transfer of real property or of any interest therein, shall not constitute actual notice within the meaning of section 201 of any other conveyance, mortgage, devise or other transfer of real property or of any interest therein unless it contains the following:   [PL 1977, c. 504 (NEW).]
1.  Reference to the volume and page of the registry or probate court record.
A reference to the volume and page of the registry or probate court record of the deed or other instrument evidencing such other conveyance, mortgage, devise or other transfer, which record can be found at the time of the recording of the deed or other instrument containing the exception, reservation or recital; or
[PL 1977, c. 504 (NEW).]
2.  Adequate description.
An adequate description by metes and bounds or by reference to the volume and page of the record of a survey plan of the property affected by the exception, reservation or recital, in which case the actual notice shall extend only to the property so described.
Any such exception, reservation or recital lacking such reference or adequate description shall not except, reserve or otherwise affect real property or any interest therein; provided that this section shall not prevent any such exception, reservation or recital from constituting a waiver, limitation or negation of a warranty of title in the document in which the exception, reservation or recital occurs, or from being taken into account in determining the existence of a contractual obligation or condition between the immediate parties to the document in which the exception, reservation or recital occurs.
[PL 1977, c. 504 (NEW).]
SECTION HISTORY
PL 1977, c. 504 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §202. Failure to record, effect of

§202. Failure to record, effect of
A deed purporting to convey an absolute estate in land cannot be defeated by an instrument intended as a defeasance, as against any other person than the maker, his heirs and devisees, unless such instrument is recorded in the registry where the deed is recorded.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §204. Deed lost before recording

§204. Deed lost before recording
If a deed, duly executed and delivered, is lost or destroyed before being recorded, the grantee or person claiming under him may file a copy of it in the registry of deeds in the county where the land lies. It shall have the same effect as a record for 90 days. He may thereupon proceed to have the depositions of the subscribing witnesses and others knowing the facts taken, as depositions are taken in perpetuam; but if any person supposed to have an adverse interest lives out of the State in an unknown place, the Superior Court may order notice of the taking of such depositions by publication as it deems proper. The filing and recording of such depositions and copy within said 90 days shall have the same effect as if the deed itself had been recorded when said copy was first filed. Certified copies thereof are evidence when the original would be.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §205. Certified copies of deeds recorded in other registries

§205. Certified copies of deeds recorded in other registries
If a deed conveying lands in more than one county is lost before being recorded in all, or if a deed is recorded in the wrong county or registry district and lost, a certified copy from a registry where it has been recorded may be recorded in another county or registry district with the same effect as a record of the original.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §206. Recording by compulsion

§206. Recording by compulsion
A person having an interest in real estate of which any prior grantee has an unrecorded deed or other evidence of title may give the latter personal notice in writing to have the same recorded. If he neglects to have it so recorded for 30 days, the Superior Court, on complaint, may cause said grantee or his heirs to be brought before it for examination and, unless sufficient cause is shown for such neglect, may order such deed or other evidence of title to be recorded, and the cost paid by the defendant, together with the legal fees of the register for recording such deed or other evidence of title.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §207. Recording master form

§207. Recording master form
An instrument containing a form or forms of convenants, conditions, obligations, powers and other clauses of a mortgage, or deed of trust, may be recorded in the registry of deeds of any county and the recorder of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same in his registry. Every such instrument shall be entitled on the face thereof as a "Master form recorded by ...................................................................................... (name of person causing the instrument to be recorded)." Such instrument need not be acknowledged to be entitled to record.   [PL 1967, c. 107 (NEW).]
SECTION HISTORY
PL 1967, c. 107 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §208. Indexing

§208. Indexing
When any such instrument is recorded, the recorder shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.   [PL 1967, c. 107 (NEW).]
SECTION HISTORY
PL 1967, c. 107 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §209. Incorporating master form

§209. Incorporating master form
Thereafter any of the provisions of such master form instrument may be incorporated by reference in any mortgage, or deed of trust, of real estate situated within this State, if such reference in the mortgage, or deed of trust, states that the master form instrument was recorded in the county in which the mortgage, or deed of trust, is offered for record, the date when and the book and page or pages where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the mortgage, or deed of trust. The recording of any mortgage, or deed of trust, which has so incorporated by reference therein any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been set forth fully in the mortgage, or deed of trust.   [PL 1967, c. 107 (NEW).]
SECTION HISTORY
PL 1967, c. 107 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 2: RECORDING › 33 §210. Recording instrument incorporating master forms

§210. Recording instrument incorporating master forms
Whenever a mortgage, or deed of trust, is presented for recording on which is set forth matter purporting to be a copy or reproduction of such master form instrument or of part thereof, identified by its title as provided in section 207 and stating the date when it was recorded and the book and page where it was recorded, preceded by the words "do not record" or "not to be recorded" and plainly separated from the matter to be recorded as a part of the mortgage, or deed of trust, in such manner that it will not appear upon a photographic reproduction of any page containing any part of the mortgage, or deed of trust, such matter shall not be recorded by the recorder to whom the instrument is presented for recording. In such case the recorder shall record only the mortgage, or deed of trust, apart from such matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.   [PL 1967, c. 107 (NEW).]
SECTION HISTORY
PL 1967, c. 107 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 1: COMMISSIONER OF DEEDS › 33 §251. Appointment; powers

§251. Appointment; powers
The Governor may appoint one or more commissioners in any other of the United States and in any foreign country, who shall continue in office during his pleasure; and have authority to take the acknowledgment and proof of the execution of any deed, other conveyance or lease of lands lying in this State; and of any contract, letter of attorney or any other writing, under seal or not, to be used or recorded in this State.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 1: COMMISSIONER OF DEEDS › 33 §252. Legal effect of official acts

§252. Legal effect of official acts
The acknowledgment or proof, taken according to the laws of this State and certified by any such commissioner under his seal of office, annexed to or indorsed on such instrument, shall have the same force and effect as if done by an officer authorized to perform such acts within this State.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 1: COMMISSIONER OF DEEDS › 33 §253. Administration of oaths and depositions

§253. Administration of oaths and depositions
Every commissioner appointed under section 251 may administer any oath lawfully required in this State to any person willing to take it; and take and duly certify all depositions to be used in any of the courts in this State, in conformity to the laws thereof, on interrogatories proposed under commission from a court of this State, by consent of parties or on legal notice given to the opposite party. All such acts shall be as valid as if done and certified according to law by a judicial officer or notary public in this State.   [PL 1987, c. 736, §49 (AMD).]
SECTION HISTORY
PL 1987, c. 736, §49 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 1: COMMISSIONER OF DEEDS › 33 §254. Qualifications and seal

§254. Qualifications and seal
Every commissioner appointed under section 251, before performing any duty or exercising any power by virtue of his appointment, shall take and subscribe an oath or affirmation, before a judge or clerk of one of the superior courts of the state or country in which he resides, well and faithfully to execute and perform all his official duties under the laws of this State; which oath and a description of his seal of office shall be filed in the office of the Secretary of State.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 2: PROOF OF EXECUTION › 33 §301. Grantor dead or out of State

§301. Grantor dead or out of State
When a grantor or lessor dies, or departs from the State without acknowledging his deed, its execution may be proved by a subscribing witness before any court of record in the State. No deed without one subscribing witness can, for this purpose, be proved before any court or justice.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 2: PROOF OF EXECUTION › 33 §302. Witness dead or absent

§302. Witness dead or absent
When the witnesses are dead or out of the State, the handwriting of the grantor and subscribing witness may be proved by other testimony.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 2: PROOF OF EXECUTION › 33 §303. Grantor refusing to acknowledge

§303. Grantor refusing to acknowledge
When a grantor refuses to acknowledge his deed, the grantee or person claiming under him may leave a true copy of it with the register of deeds, and it shall have the same effect for 40 days as a record of the deed.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 2: PROOF OF EXECUTION › 33 §304. Proof before justice of the peace after summons

§304. Proof before justice of the peace after summons
In such case, a justice of the peace where the grantor resides or where his land lies, upon application of the grantee or person claiming under him, may summon the grantor to appear before him at a time and place named, to hear the testimony of the subscribing witnesses. The date of the deed, the names of the parties and of the subscribing witnesses to it must be stated in the summons, which must be served 7 days before the time for proving the deed.   [PL 1987, c. 736, §50 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A116 (AMD). PL 1987, c. 736, §50 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 2: PROOF OF EXECUTION › 33 §305. Certification

§305. Certification
When the justice of the peace at the hearing is satisfied by the testimony of witnesses that they saw the deed duly executed by the grantor, he shall certify the same thereon, and state in his certificate the presence or absence of the grantor.   [PL 1987, c. 736, §51 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A117 (AMD). PL 1987, c. 736, §51 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3: EXECUTION AND ACKNOWLEDGMENT › Article 2: PROOF OF EXECUTION › 33 §306. -- indorsement of certificate of acknowledgment

§306. -- indorsement of certificate of acknowledgment
A certificate of acknowledgment or proof of execution must be indorsed on or annexed to the deed, and then the deed and certificate may be recorded in the registry of deeds. No deed can be recorded without such certificate.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 3-A: VALIDITY OF SIGNATURES › 33 §331. Electronic signatures not valid on certain real property documents (REPEALED)

§331. Electronic signatures not valid on certain real property documents
(REPEALED)
SECTION HISTORY
PL 1999, c. 711, §3 (NEW). PL 2001, c. 121, §1 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 4: VALIDATION OF DEFECTS › 33 §351. Acknowledgments after commission expired

§351. Acknowledgments after commission expired
When a person authorized to take acknowledgments takes and certifies one in good faith after the expiration of his commission, not being aware of it, such acknowledgment is as valid as if done before such expiration.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 4: VALIDATION OF DEFECTS › 33 §352. Defective acknowledgments

§352. Defective acknowledgments
A record of a deed or other instrument, including a power of attorney, made for the conveyance of real property, or of any interest in real property, and recorded for at least 2 years in the registry of deeds of the county or district in which the real property is located is valid and enforceable even if:   [PL 2017, c. 196, §1 (AMD).]
1.  Acknowledgment.
The acknowledgment was incomplete or defective in any respect, no acknowledgment appears in the record of the deed, other instrument or power of attorney or no acknowledgment was taken; or
A. [PL 2017, c. 196, §1 (RP).]
B. [PL 2017, c. 196, §1 (RP).]
C. [PL 2017, c. 196, §1 (RP).]
D. [PL 2017, c. 196, §1 (RP).]
E. [PL 2017, c. 196, §1 (RP).]
F. [PL 2017, c. 196, §1 (RP).]
G. [PL 2017, c. 196, §1 (RP).]
H. [PL 2017, c. 196, §1 (RP).]
I. [PL 2017, c. 196, §1 (RP).]
J. [PL 2017, c. 196, §1 (RP).]
K. [PL 2017, c. 196, §1 (RP).]
L. [PL 2017, c. 196, §1 (RP).]
M. [PL 2017, c. 196, §1 (RP).]
N. [PL 2017, c. 196, §1 (RP).]
O. [PL 2017, c. 196, §1 (RP).]
[PL 2017, c. 196, §1 (AMD).]
2.  Records relating to title to real property.
The records in relating to the title to real property fail to disclose the date when received for record or the records have not been signed by the register of deeds or other duly authorized recording officer for the county or district.
[PL 2017, c. 196, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 469, §1 (AMD). PL 1981, c. 181, §1 (AMD). PL 1995, c. 304, §1 (RPR). PL 2001, c. 275, §B1 (AMD). PL 2015, c. 157, §1 (AMD). PL 2017, c. 196, §1 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 4: VALIDATION OF DEFECTS › 33 §353. Miscellaneous defects (REPEALED)

§353. Miscellaneous defects
(REPEALED)
SECTION HISTORY
PL 1965, c. 120 (AMD). PL 1967, c. 158 (AMD). PL 1967, c. 544, §83 (AMD). PL 1971, c. 469, §§2-4 (AMD). PL 1973, c. 266 (AMD). PL 1981, c. 181, §2 (RP).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 5: TIMBER AND WOODLANDS › 33 §401. Cutting and sale of trees; order of court

§401. Cutting and sale of trees; order of court
Any person seized of a freehold estate, or of a remainder or reversion in fee simple or fee tail, in a tract of woodland or timberland, on which the trees are of a growth and age fit to be cut, may apply to the Superior Court in any county for leave to cut and dispose of such trees and invest the proceeds for the use of the persons interested therein. The court after due notice to all persons interested and a hearing of the parties, if any appear, may appoint one or more persons to examine the land and report to the court, and the court may thereupon order the whole or a part of such trees to be cut and sold and the proceeds brought into court subject to further orders. The court shall appoint one or more commissioners to superintend the cutting and sale of such trees who shall account for the proceeds to the court and be under bond to the clerk for the faithful performance of their trust.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 5: TIMBER AND WOODLANDS › 33 §402. -- proceeds invested; income appropriated

§402. -- proceeds invested; income appropriated
The court may cause the net proceeds of sale to be invested in other real estate in the State or in public stocks, to the same uses and under the same limitations as the land; the income thereof to be paid to the persons entitled to the income of the land, or apportioned among the persons interested in the estate, according to their interests.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 5: TIMBER AND WOODLANDS › 33 §403. -- appointment of trustees; bond

§403. -- appointment of trustees; bond
The court may appoint one or more trustees, removable at its pleasure, to hold said estates or stocks for said uses, who shall give bond with sufficient sureties to the clerk of said court for the faithful discharge of their duty.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §451. Rights of aliens

§451. Rights of aliens
An alien may take, hold, convey and devise real estate or any interest therein. All conveyances and devises of such estate or interest already made by or to an alien are valid.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §452. Deeds and contracts by agents

§452. Deeds and contracts by agents
Deeds and contracts executed by an authorized agent of a person or corporation in the name of his principal, or in his own name for his principal, are in law the deeds and contracts of such principal.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §453. Conveyances for use of county

§453. Conveyances for use of county
Conveyances, in whatever form, made to the inhabitants of a county, or to its treasurer, or to a person or committee for its benefit, are as effectual as if made in the corporate name of the county.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §454. Church pews

§454. Church pews
Pews and rights in houses of public worship are real estate. Deeds of them, and levies by execution upon them may be recorded by the clerk of the town where the houses are situated, with the same effect as if recorded in the registry of deeds.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §455. Agreements to treat building as personal property

§455. Agreements to treat building as personal property
No agreement, that a building erected with the consent of the landowner by one not the owner of the land upon which it is erected shall be and remain personal property, shall be effectual against any person, except the owner of such land, his heirs, devisees and persons having actual notice thereof, unless such agreement is in writing and signed by such landowner or by someone duly authorized for that purpose, and acknowledged and recorded as deeds are required to be acknowledged and recorded under this chapter. This section shall not apply to agreements entered into prior to the 28th day of April, 1903, and then outstanding.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §456. Address of buyer

§456. Address of buyer
All deeds and other instruments for the conveyance of real property shall contain, in addition to the name of the grantee, his address, including street and number, municipality and state.   [PL 1971, c. 57 (NEW).]
SECTION HISTORY
PL 1971, c. 57 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §457. Error or omission of mailing address

§457. Error or omission of mailing address
Any error in or omission of mailing address of grantee or mortgagee in the deed, mortgage or other conveyance, required by any provision of this Title, shall not affect in any way the validity, effectiveness or recordability of such deed, mortgage or other conveyance of real estate.   [PL 1971, c. 57 (NEW).]
SECTION HISTORY
PL 1971, c. 57 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §458. Easements or rights-of-way; installation of utility services

§458. Easements or rights-of-way; installation of utility services
1.  Easements or rights-of-way established on or after January 1, 1990.
The owner of an easement or right-of-way does not have the right by implication to install utility services on or under the easement or right-of-way if:
A. The easement or right-of-way is originally established in a written instrument executed on or after January 1, 1990; and   [PL 1989, c. 149 (NEW).]
B. The instrument granting or reserving the easement or right-of-way does not expressly include the right to install utility services.   [PL 1989, c. 149 (NEW).]
[PL 1989, c. 149 (NEW).]
2.  Definitions.
As used in this section, the following terms have the following meanings.
A. "Easement or right-of-way" means the right of a person to pass over the land of another person.   [PL 1989, c. 149 (NEW).]
B. "Utility services" includes facilities necessary for the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently or may in the future become available.   [PL 1989, c. 149 (NEW).]
[PL 1989, c. 149 (NEW).]
SECTION HISTORY
PL 1989, c. 149 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 6: MISCELLANEOUS PROVISIONS › 33 §459. Easements and rights-of-way; installation of docks

§459. Easements and rights-of-way; installation of docks
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Dock" means a platform used for access to a water body or to secure, protect and provide access to a boat or ship. The platform may extend from a shore over the water body or may be a floating platform attached to a mooring.   [PL 2017, c. 194, §1 (NEW).]
B. "Easement or right-of-way" means the right of a person to pass over the land of another person.   [PL 2017, c. 194, §1 (NEW).]
C. "Water body" means all inland and coastal waters, including but not limited to all ponds, great ponds, lakes, rivers, streams and coastal waters.   [PL 2017, c. 194, §1 (NEW).]
[PL 2017, c. 194, §1 (NEW).]
2.  Easements or rights-of-way established on or after January 1, 2018.
The owner of an easement or right-of-way leading to or touching upon a water body does not have the right by implication to construct a dock on the easement or right-of-way or use the easement or right-of-way to facilitate the construction of a dock on the water body if:
A. The easement or right-of-way is originally established in a written instrument executed on or after January 1, 2018; and   [PL 2017, c. 194, §1 (NEW).]
B. The instrument granting or reserving the easement or right-of-way does not expressly include the right to construct a dock on the easement or right-of-way or the right to use the easement or right-of-way to facilitate the construction of a dock on the water body.   [PL 2017, c. 194, §1 (NEW).]
[PL 2017, c. 194, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 194, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §460. Conveyance of land abutting a road or way

§460. Conveyance of land abutting a road or way
A conveyance of land which abuts a town or private way, county road, highway or proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds shall be deemed to convey all of the grantor's interest in the portion of the road or way which abuts the land, except:   [PL 1987, c. 385, §3 (RPR).]
1.  Proposed, unaccepted ways.
With respect to a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds, those rights provided to owners of other lots in the subdivision by Title 23, section 3031; and
[PL 1987, c. 385, §3 (NEW).]
2.  All roads and ways.
With respect to a town or private way, county road or highway, an easement of access necessary to provide ingress and egress to property adjoining the town or private way, county road or highway which shall be preserved, unless the grantor expressly reserves his title to the road or way by a specific reference to the road or way contained in the conveyance.
[PL 1987, c. 385, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW). PL 1975, c. 416 (AMD). PL 1987, c. 385, §3 (RPR).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §461. Prior conveyances

§461. Prior conveyances
Any conveyance made prior to October 3, 1973 which conveyed land abutting upon a town or private way, county road or highway shall be deemed to have conveyed all of the grantor's interest in the portion of such road or way, which abutted said land unless the grantor shall have expressly reserved his title to such road or way by a specific reference thereto contained in said conveyance. This section shall not apply to any conveyance of a lot or lots by reference to a recorded plan.   [PL 1973, c. 788, §165 (AMD).]
SECTION HISTORY
PL 1973, c. 505 (NEW). PL 1973, c. 788, §165 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §462. Preservation of claims by filing of notice within 2 years

§462. Preservation of claims by filing of notice within 2 years
Any grantor who, prior to the effective date of this Act, shall have conveyed land abutting a town or private way, county road or highway, with the intent to reserve his title in such road or way, but who shall not have expressly reserved his title thereto by specific reference as required in section 461, or any person who claims title to any road or way, or discontinued portion thereof, by, through or under, or as the heir, successor, executor, administrator or assign of any such grantor, may preserve his title or claim by filing the notice provided in section 463 in the registry of deeds for the county in which the road or way is located, within 2 years after the effective date of this Act. In any action concerning title to a road or way, or discontinued portion thereof, the burden of proof in establishing the grantor's intent to reserve such title shall be on said grantor or those claiming by, through or under him.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §463. Filing of notice; recording fee

§463. Filing of notice; recording fee
In order for the notice specified in section 462 to be effective, it shall contain an accurate description of the road or way, or portion thereof, to which title is being claimed; the name or names of the person or persons on behalf of whom the title is being claimed; and a specific reference by volume and page to the recorded conveyance in which the title to such road or way is alleged to have been reserved by the grantor therein. The register of deeds for the county in which the road or way is located shall accept all such notices presented to him which describe land located in said county and shall enter and record full copies thereof in the same way that deeds and other instruments are recorded and shall be entitled to charge the same fee for the recording thereof as is charged for recording deeds. Within a reasonable time after recording such notice, the register of deeds shall enter upon the margin of the record of the prior conveyance referred to in said notice the volume and page in which the copy of said notice may be found.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §464. Persons under a disability; 2-year period not suspended

§464. Persons under a disability; 2-year period not suspended
The notice specified in section 463 may be filed for record by the claimant or by any other person acting on behalf of any claimant who is under a disability or unable to assert a claim on his own behalf, but no disability or lack of knowledge of any kind shall suspend or extend the 2-year period provided for such filing.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §465. Abutters own the centerline of road or way

§465. Abutters own the centerline of road or way
Any person owning land in this State abutting a town or private way, county road or highway, whose predecessors in title have not reserved any title in such road or way as provided in sections 460 and 461, or filed the notice provided in section 462 within the time specified therein, shall be deemed to own to the centerline of such road or way except as provided in sections 466 to 469.   [PL 1977, c. 696, §257 (AMD).]
SECTION HISTORY
PL 1973, c. 505 (NEW). PL 1977, c. 696, §257 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §466. -- State and municipal owned roads

§466. -- State and municipal owned roads
This subchapter shall not apply to any road or way, title to which is owned by the State or any municipality or other governmental body.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §467. -- public easement acquired over opposite sides of road or way in unequal proportion

§467. -- public easement acquired over opposite sides of road or way in unequal proportion
Where a town or private way, county road or highway shall be, or shall have been, laid out, widened or altered in such a manner that the public easement is located over land taken from the land on opposite sides of such road or way in unequal proportions, then the persons owning the land abutting the road or way on opposite sides thereof, shall each be deemed to own that portion of such road or way which shall have been acquired from their respective sides of such road or way. If it cannot be determined from which side of the road or way the land was so acquired, the owners of the abutting land on opposite sides of such road or way shall each be deemed to own to the centerline thereof.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §468. Statutes of limitation not extended

§468. Statutes of limitation not extended
Nothing contained in this subchapter shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 7: TITLE TO ROADS AND WAYS › 33 §469. Liberal construction

§469. Liberal construction
This subchapter shall be liberally construed to effect the legislative purpose of clarifying the title to the land underlying roads and ways by eliminating the possibility of ancient claims.   [PL 1973, c. 505 (NEW).]
SECTION HISTORY
PL 1973, c. 505 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8: OMITTED MARITAL RELEASE › 33 §470. Failure of spouse to join in release of right and interest by descent

§470. Failure of spouse to join in release of right and interest by descent
If the spouse of a grantor in a conveyance of land fails to join in the conveyance in release of the spouse's right and interest by descent, such spouse and all persons claiming by, through or under such spouse shall be forever barred from claiming such right and interest by descent by real or mixed action for the recovery of lands, by entry, or otherwise unless such spouse has filed the notice provided in section 472 or has made some other claim of record within the time limited in section 471.   [PL 1975, c. 511 (NEW).]
SECTION HISTORY
PL 1975, c. 511 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8: OMITTED MARITAL RELEASE › 33 §471. Preservation of claims by filing of notice

§471. Preservation of claims by filing of notice
The spouse of a grantor who, 20 years or more before October 1, 1975, has conveyed land without the joinder therein of such spouse in release of the spouse's right and interest by descent in the land conveyed, and which spouse intends to claim such right and interest, or any person claiming by, through or under the spouse after such right and interest has become vested in the spouse, may preserve such right and interest, or claim thereto, by filing the notice provided in section 472 in the registry of deeds for the county in which the land is located, within 2 years of October 1, 1975.   [PL 1977, c. 564, §126 (AMD).]
The spouse of a grantor who, less than 20 years before or at any time after October 1, 1975, has conveyed land without the joinder therein of such spouse in release of the spouse's right and interest by descent in the land conveyed and which spouse intends to claim such right and interest, or any person claiming by, through or under the spouse after said right and interest has become vested in the spouse, may preserve such right and interest, or claim thereto, by filing the notice provided in section 472 in the registry of deeds for the county in which the land is located, before the recording of the conveyance or within the later of 20 years of the date of recording of the conveyance or 2 years of October 1, 1975.   [PL 1977, c. 564, §126 (AMD).]
A spouse may also preserve a claim to right and interest by descent by filing the notice provided in section 472 at any time prior to a conveyance in which the spouse does not intend to join in the release of such right and interest.   [PL 1975, c. 511 (NEW).]
In all cases the spouse must bring a claim of record for title or possession within one year of the later of the filing of the notice or the vesting of the right and interest.   [PL 1975, c. 511 (NEW).]
SECTION HISTORY
PL 1975, c. 511 (NEW). PL 1977, c. 564, §126 (AMD).