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Title 14 - §751. Twenty years

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§751. Twenty years

Except as provided in Title 11, section 2-725, personal actions on contracts or liabilities under seal, promissory notes signed in the presence of an attesting witness, or on the bills, notes or other evidences of debt issued by a bank shall be commenced within 20 years after the cause of action accrues. [1965, c. 306, § 30 (amd).]

Section History:
PL 1965,
Ch. 306,
§30 (AMD).
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Augusta, Maine 04333-0007Title 14 - §752-A. Design professionals

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§752-A. Design professionals

All civil actions for malpractice or professional negligence against architects or engineers duly licensed or registered under Title 32 shall be commenced within 4 years after such malpractice or negligence is discovered, but in no event shall any such action be commenced more than 10 years after the substantial completion of the construction contract or the substantial completion of the services provided, if a construction contract is not involved. The limitation periods provided by this section shall not apply if the parties have entered into a valid contract which by its terms provides for limitation periods other than those set forth in this section. [1975, c. 434 (new).]

Section History:
PL 1975,
Ch. 434,
§ (NEW).
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Augusta, Maine 04333-0007Title 14 - §752-B. Ski areas
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§752-B. Ski areas

All civil actions for property damage, bodily injury or death against a ski area owner or operator or tramway owner or operator or its employees, as defined under Title 32, chapter 133, whether based on tort or breach of contract or otherwise, arising out of participation in skiing or hang gliding or the use of a tramway associated with skiing or hang gliding must be commenced within 2 years after the cause of action accrues. [1995, c. 560, Pt. H, §5 (amd); §17 (aff).]

Section History:
PL 1977,
Ch. 608,
§1 (NEW).
PL 1979,
Ch. 514,
§2 (AMD).
PL 1995,
Ch. 560,
§H17 (AFF).
PL 1995,
Ch. 560,
§H5 (AMD).
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Augusta, Maine 04333-0007Title 14 - §752-C. Sexual acts towards minors
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§752-C. Sexual acts towards minors

1. No limitation. Actions based upon sexual acts toward minors may be commenced at any time. [1999, c. 639, §1 (new); §2 (aff).]

2. Sexual acts toward minors defined. As used in this section, "sexual acts toward minors" means the following acts that are committed against or engaged in with a person under the age of majority:

A. Sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C; or [1999, c. 639, §1 (new); §2 (aff).]

B. Sexual contact, as defined in Title 17-A, section 251, subsection 1, paragraph D. [1999, c. 639, §1 (new); §2 (aff).]

[1999, c. 639, §1 (new); §2 (aff).]

Section History:
PL 1985,
Ch. 343,
§1 (NEW).
PL 1989,
Ch. 292,
§ (AMD).
PL 1991,
Ch. 551,
§1 (AMD).
PL 1991,
Ch. 551,
§2 (AFF).
PL 1993,
Ch. 176,
§1 (AMD).
PL 1999,
Ch. 639,
§1 (RPR).
PL 1999,
Ch. 639,
§2 (AFF).
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Augusta, Maine 04333-0007Title 14 - §752-D. Land surveyors
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§752-D. Land surveyors

All civil actions for professional negligence against land surveyors duly licensed or registered under Title 32 must be commenced within 4 years after the negligence is discovered, but an action may not be commenced more than 20 years after the completion of the plan or the completion of the professional services if a plan is not prepared. [1993, c. 161, §1 (new).]

Section History:
PL 1993,
Ch. 161,
§1 (NEW).
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Augusta, Maine 04333-0007Title 14 - §752-E. Crime victims; profits from crime
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§752-E. Crime victims; profits from crime

1. Limitation period. Actions based upon a criminal offense in which, as that offense is defined, there is a victim, as defined in Title 17-A, section 1171, subsection 2, brought by or on behalf of a victim against the offender must be commenced within the limitation period otherwise provided or within 3 years of the time the victim discovers or reasonably should have discovered any profits from the crime, whichever occurs later. [1997, c. 320, §1 (new).]

2. Notice to victims. A person or organization that knowingly pays or agrees to pay any profits from a criminal offense in which, as that offense is defined, there is a victim to a person charged with or convicted of that crime shall make reasonable efforts to notify every victim, as defined in Title 17-A, section 1171, subsection 2, of the payment or agreement to pay as soon as practicable after discovering that the payment or intended payment constitutes profits from the crime. Reasonable efforts must include, but are not limited to, seeking information about victims from court records and the prosecuting attorney and mailing notice by certified mail to victims whose address is known and publishing, at least once every 6 months for 3 years, in newspapers of general circulation in the area where the crime occurred a legal notice to unknown victims or victims whose address is unknown. [1997, c. 320, §1 (new).]

3. Definition. As used in this section, "profits from the crime" means any property obtained through or income generated from the commission of a crime; any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such a sale, conversion or exchange; and any property that the offender obtained by committing the crime or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of the property and any gain realized by such a sale, conversion or exchange. [1997, c. 320, §1 (new).]

4. Construction. Nothing in this section may be construed to expand civil liability or to restrict any defense to civil liability except as specified in subsection 1 with respect to the limitation period. [1997, c. 320, §1 (new).]

Section History:
PL 1997,
Ch. 320,
§1 (NEW).
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Augusta, Maine 04333-0007Title 14 - §752. Six years

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§752. Six years

All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided.
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Augusta, Maine 04333-0007Title 14 - §753-A. Actions against attorneys (REPEALED)

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§753-A. Actions against attorneys (REPEALED)

Section History:
PL 1985,
Ch. 804,
§2,22 (NEW).
PL 2001,
Ch. 115,
§1 (RP ).
PL 2001,
Ch. 115,
§3 (AFF).
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Augusta, Maine 04333-0007Title 14 - §753-B. Actions against attorneys
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§753-B. Actions against attorneys

1. Time when statute starts to run, generally. In actions alleging professional negligence, malpractice or breach of contract for legal service by a licensed attorney, the statute of limitations starts to run from the date of the act or omission giving rise to the injury, not from the discovery of the malpractice, negligence or breach of contract, except as provided in this section or as the statute of limitations may be suspended by other laws. [2001, c. 115, §2 (new); §3 (aff).]

2. Rendering of title opinion. In an action alleging professional negligence in the rendering of a real estate title opinion, the statute of limitations starts to run on the date the negligence is discovered, but in no event may an action be commenced more than 20 years after the act or omission giving rise to the injury. [2001, c. 115, §2 (new); §3 (aff).]

3. Drafting of last will and testament. In an action alleging professional negligence in the drafting of a last will and testament that has been offered for probate, the statute of limitations starts to run on the date the negligence is discovered. [2001, c. 115, §2 (new); §3 (aff).]

Section History:
PL 2001,
Ch. 115,
§2 (NEW).
PL 2001,
Ch. 115,
§3 (AFF).
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Augusta, Maine 04333-0007Title 14 - §753. Two years
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§753. Two years

Actions for assault and battery, and for false imprisonment, slander and libel shall be commenced within 2 years after the cause of action accrues. [1985, c. 804, § § 1, 22 (amd).]

Section History:
PL 1985,
Ch. 804,
§1,22 (AMD).
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Augusta, Maine 04333-0007Title 14 - §754. One year
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 1: GENERAL PROVISIONS

§754. One year

No action shall be commenced against bail unless within one year after judgment was rendered against the principal; nor against sureties on bonds in criminal cases unless within one year after default of the principal; nor against any person adjudged trustee, unless within one year from the expiration of the first execution against the principal and his goods, effects and credits in the hands of the trustee. No action in behalf of the State against sureties in criminal cases shall be brought unless within one year after default of the principal. [1965, c. 356, § 10 (amd).]

Section History:
PL 1965,
Ch. 356,
§10 (AMD).
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Augusta, Maine 04333-0007Title 14 - §801. Rights of entry and action barred in 20 years

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§801. Rights of entry and action barred in 20 years

No person shall commence any real or mixed action for the recovery of lands, or make an entry thereon, unless within 20 years after the right to do so first accrued, or unless within 20 years after he or those under whom he claims were seized or possessed of the premises, except as provided in this subchapter.
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Augusta, Maine 04333-0007Title 14 - §802. Right begins to run

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§802. Right begins to run

If such right or title first accrued to an ancestor, predecessor or other person under whom the plaintiff claims, said 20 years shall be computed from the time when the right or title first accrued to such ancestor, predecessor or other person.
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Augusta, Maine 04333-0007Title 14 - §803. Right deemed to accrue

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§803. Right deemed to accrue

The right of entry or of action to recover land, as used in this subchapter, first accrues at the following times:

1. When disseized. When a person is disseized, at the time of such disseizin;

2. Heir or devisee. When he claims as heir or devisee of one who died seized, at the time of such death, unless there is a tenancy by the curtesy or other estate intervening after the death of the ancestor or devisor; in that case, his right accrues when such intermediate estate expires, or would expire by its own limitation;

3. Intermediate estate. When there is such an intermediate estate, and in all cases, when the party claims by force of any remainder or reversion, his right accrues when the intermediate estate would expire by its own limitation, notwithstanding any forfeiture thereof for which he might enter at an earlier time.

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Augusta, Maine 04333-0007Title 14 - §804. Entry for condition broken

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§804. Entry for condition broken

Section 803 shall not prevent any person from entering, when so entitled by reason of any forfeiture or breach of condition; but if he claims under such a title, his right accrues when the forfeiture was incurred or the condition broken.
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Augusta, Maine 04333-0007Title 14 - §805. Accrual of right of entry

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§805. Accrual of right of entry

In all cases not otherwise provided for, the right of entry accrues when the claimant, or the person under whom he claims, first became entitled to the possession of the premises under the title on which the entry or action is founded.
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Augusta, Maine 04333-0007Title 14 - §806. Action by minister or sole corporation

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§806. Action by minister or sole corporation

If a minister or other sole corporation is disseized, any of his successors may enter upon the premises or bring an action for their recovery at any time within 5 years after the death, resignation or removal of the person disseized, notwithstanding 20 years after disseizin have expired.
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Augusta, Maine 04333-0007Title 14 - §807. Minors and other disabled persons

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§807. Minors and other disabled persons

When such right of entry or action first accrues, if the person thereto entitled is a minor, mentally ill, imprisoned or absent from the United States, he, or anyone claiming under him, may make the entry or bring the action at any time within 10 years after such disability is removed, notwithstanding 20 years have expired.
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Augusta, Maine 04333-0007Title 14 - §808. Death during period of disability

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§808. Death during period of disability

If the person first entitled to make the entry or bring the action dies during the continuance of the disability and no determination or judgment has been had on his title or right of action, the entry may be made or action brought by his heirs, or other person claiming under him, at any time within 10 years after his death, notwithstanding the 20 years have elapsed; but no such further time for bringing the action or making the entry, beyond that hereinbefore prescribed, shall be allowed by reason of the disability of any other person.
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Augusta, Maine 04333-0007Title 14 - §809. Death of tenant in tail or remainderman before end of limitation

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§809. Death of tenant in tail or remainderman before end of limitation

When a tenant in tail or a remainderman in tail dies before the expiration of the period limited for making an entry or bringing an action for lands, no person claiming any estate which such tenant in tail or remainderman might have barred shall make an entry or bring an action to recover such land, except within the period during which the tenant in tail or remainderman, if he had so long lived, might have done it.
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Augusta, Maine 04333-0007Title 14 - §810-A. Mistake of boundary line establishes hostility

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§810-A. Mistake of boundary line establishes hostility

If a person takes possession of land by mistake as to the location of the true boundary line and possession of the land in dispute is open and notorious, under claim of right, and continuous for the statutory period, the hostile nature of the claim is established and no further evidence of the knowledge or intention of the person in possession is required. [1993, c. 244, §1 (new).]

Section History:
PL 1993,
Ch. 244,
§1 (NEW).
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Augusta, Maine 04333-0007Title 14 - §810. Type of possession; need for enclosure

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§810. Type of possession; need for enclosure

To constitute a disseizin, or such exclusive and adverse possession of lands as to bar or limit the right of the true owner thereof to recover them, such lands need not be surrounded with fences or rendered inaccessible by water; but it is sufficient, if the possession, occupation and improvement are open, notorious and comporting with the ordinary management of a farm; although that part of the same, which composes the woodland belonging to such farm and used therewith as a woodlot, is not so enclosed.
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Augusta, Maine 04333-0007Title 14 - §811. Failure of first action; effect on limitations
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§811. Failure of first action; effect on limitations

If the summons and complaint in a real or mixed action fails of sufficient service or return by unavoidable cause, or if by the default or negligence of any officer to whom it was delivered or directed for service, the action is dismissed; or if the action is defeated for any matter of form or by the death or other disability of either party, or if the plaintiff's judgment is reversed on appeal, the plaintiff may commence a new action at any time within 6 months after the determination of the first action or the reversal of the judgment.
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Augusta, Maine 04333-0007Title 14 - §812-A. Dedication of land in the unorganized territory to public use; notice to prevent

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§812-A. Dedication of land in the unorganized territory to public use; notice to prevent

If a person apprehends that his land in the unorganized territory or any interest therein may be dedicated to public use by custom, use or by any act or acts of that person or any persons acting on his behalf, he may give public notice that he has no intent to dedicate his land or any interest therein to public use, by causing a copy of such notice to be recorded in the registry of deeds for the county where the land lies, and such recording shall prevent such dedication. The failure to do so shall not create any implication of dedication. [1971, c. 450, § 2 (new).]

Section History:
PL 1971,
Ch. 450,
§2 (NEW).
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Augusta, Maine 04333-0007Title 14 - §812-B. Recording requirements
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§812-B. Recording requirements

To satisfy the recording provisions of sections 812 and 812-A, with respect to land in the unorganized territory, the notice shall describe the land specifically or by reference to source of title, so as to identify it, and shall not be in the form of a reference to whatever land the person may own in the respective county or township. Such notice shall expire after 10 years but new notices, each effective for a 10-year period, may be so recorded at any time. [1979, c. 541, Pt. A, § 138 (amd).]

Section History:
PL 1971,
Ch. 450,
§3 (NEW).
PL 1979,
Ch. 541,
§A138 (AMD).
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Augusta, Maine 04333-0007Title 14 - §812. Acquisition of rights-of-way and easements by adverse possession; notice to prevent

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§812. Acquisition of rights-of-way and easements by adverse possession; notice to prevent

No person, class of persons or the public shall acquire a right-of-way or other easement through, in, upon or over the land of another by the adverse use and enjoyment thereof, unless it is continued uninterruptedly for 20 years. If a person apprehends that a right-of-way or other easement in or over his land may be acquired by custom, use or otherwise by any person, class of persons or the public, he may give public notice of his intention to prevent the acquisition of such easement by causing a copy of such notice to be posted in some conspicuous place upon the premises for 6 successive days, or in the case of land in the unorganized territory, by causing a copy of such notice to be recorded in the registry of deeds for the county where his land lies, and such posting or recording shall prevent the acquiring of such easement by use for any length of time thereafter; or he may prevent a particular person or persons from acquiring such easement by causing an attested copy of such notice to be served by an officer qualified to serve civil process upon him or them in hand or by leaving it at his or their dwelling house, or, if the person to whom such notice is to be given is not in the State such copy may be left with the tenant or occupant of the estate, if any. If there is no such tenant or occupant, a copy of such notice shall be posted for 6 successive days in some conspicuous place upon such estate. Such notice from the agent, guardian or conservator of the owner of land shall have the same effect as a notice from the owner himself. A certificate by an officer qualified to serve civil process that such copy has been served or posted by him as provided, if made upon original notice and recorded with it, within 3 months after the service or posting in the registry of deeds for the county or district in which the land lies, shall be conclusive evidence of such service or posting. [1971, c. 450, § 1 (amd).]

Section History:
PL 1971,
Ch. 450,
§1 (AMD).
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Augusta, Maine 04333-0007Title 14 - §813. Adverse obstruction on rights-of-way; interruption by notice
Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§813. Adverse obstruction on rights-of-way; interruption by notice

No right-of-way or other easement existing in, upon, over or through the land of another shall be extinguished by the adverse obstruction thereof, unless such adverse obstruction has been continued uninterruptedly for 20 years. A notice in writing given by the owner of such right-of-way or other easement to the person whose land is subject thereto, setting forth said owner's intention to contest the extinguishment of such right-of-way or other easement, and duly served and recorded as provided in section 812, shall be deemed an interruption of such obstruction and prevent the extinguishment of such right-of-way or other easement.
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Augusta, Maine 04333-0007Title 14 - §814. Trespass on wild lands; notice to quit; record; private roads in unorganized territory

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§814. Trespass on wild lands; notice to quit; record; private roads in unorganized territory

If any person without right dwells upon or in any manner occupies any lands which on the first day of April, 1883 were wild lands, any owner of such wild lands or of any legal or equitable interest therein may cause a notice to quit such lands to be served upon such person by any sheriff or deputy sheriff, by giving the same to such person in hand. Such officer shall make his return upon a copy of such notice certified by him to be a true copy, and within 60 days thereafter such owner may cause such copy and return to be recorded in the registry of deeds in the county or district where said land is located. Proceedings had and taken as specified shall bar such person who has so entered or dwells upon such wild land from obtaining any rights by adverse possession to the land upon which he has so entered. Such person shall be entitled to the benefits of all the provisions of law relating to betterments. div>
In roads privately owned in unorganized territory notwithstanding the other provisions of this subchapter, no title or interest shall be acquired against the owners thereof by adverse possession, prescription or acquiescence, however exclusive or long continued.
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Augusta, Maine 04333-0007Title 14 - §815. Forty years' possession bars action for recovery of land

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§815. Forty years' possession bars action for recovery of land

No real or mixed action for the recovery of lands shall be commenced or maintained against any person in possession thereof, when such person or those under whom he claims have been in actual possession for more than 40 years, claiming to hold them by adverse, open, peaceable, notorious and exclusive possession, in their own right.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §816. Limitations of actions for uncultivated lands in incorporated places

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 2: REAL ACTIONS

§816. Limitations of actions for uncultivated lands in incorporated places

No real or mixed action for the recovery of uncultivated lands or of any undivided fractional part thereof, situated in any place incorporated for any purpose, shall be commenced or maintained against any person, or entry made thereon, when such person or those under whom he claims have, continuously for the 20 years next prior to the commencement of such action or the making of such entry, claimed said lands or said undivided fractional part thereof under recorded deeds; and have, during said 20 years, paid all taxes assessed on said lands or on such undivided fractional part thereof, however said tax may have been assessed whether on an undivided fractional part of said lands or on a certain number of acres thereof equal approximately to the acreage of said lands or of said fractional part thereof; and have, during said 20 years, held such exclusive, peaceable, continuous and adverse possession thereof as comports with the ordinary management of such lands or of undivided fractional parts of such lands in this State.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §851. Actions against sheriff for escape; for misconduct

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§851. Actions against sheriff for escape; for misconduct

Actions for escape of prisoners committed on execution shall be commenced within one year after the cause of action accrues, but actions against a sheriff, for negligence or misconduct of himself or his deputies, shall be commenced within 4 years after the cause of action accrues.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §852. Mutual and open accounts current

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§852. Mutual and open accounts current

In contract actions to recover the balance due, where there have been mutual dealings between the parties, the items of which are unsettled, whether kept or proved by one party or both, the cause of action shall be deemed to accrue at the time of the last item proved in such account.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §853. Persons under disability may bring action when disability removed

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§853. Persons under disability may bring action when disability removed

If a person entitled to bring any of the actions under sections 752 to 754, including section 752-C, and under sections 851, 852 and Title 24, section 2902 is a minor, mentally ill, imprisoned or without the limits of the United States when the cause of action accrues, the action may be brought within the times limited herein after the disability is removed. [1985, c. 343, § 2 (amd).]

Section History:
PL 1977,
Ch. 492,
§2 (AMD).
PL 1985,
Ch. 343,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §854. Actions for breach of promise to marry prohibited

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§854. Actions for breach of promise to marry prohibited

No action or proceeding to recover damages for breach of promise to marry shall be maintained.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §855. Commencement of new action after failure, defeat or reversal

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§855. Commencement of new action after failure, defeat or reversal

When a summons fails of sufficient service or return by unavoidable accident, or default, or negligence of the officer to whom it was delivered or directed, or the action is otherwise defeated for any matter of form, or by the death of either party the plaintiff may commence a new action on the same demand within 6 months after determination of the original action; and if he dies and the cause of action survives, his executor or administrator may commence such new action within said 6 months.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §856. Death of either party before action commenced (REPEALED)

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§856. Death of either party before action commenced (REPEALED)

Section History:
PL 1979,
Ch. 540,
§17 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §857. Rights of alien enemies in time of war

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§857. Rights of alien enemies in time of war

If a person is disabled from prosecuting an action in this State by reason of being an alien subject or citizen of a country at war with the United States, the time during which such war continues shall not be a part of the period herein limited for the commencement of any of said actions.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §858. Limitation on actions for penalties

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§858. Limitation on actions for penalties

Actions for any penalty or forfeiture on a penal statute, brought by a person to whom the penalty or forfeiture is given in whole or in part, shall be commenced within one year after the commission of the offense. If no person so prosecutes, it may be recovered by civil action, indictment or information in the name and for the use of the State at any time within 2 years after the commission of the offense, and not afterwards.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §859. Limitation extended in cases of fraud

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§859. Limitation extended in cases of fraud

If a person, liable to any action mentioned, fraudulently conceals the cause thereof from the person entitled thereto, or if a fraud is committed which entitles any person to an action, the action may be commenced at any time within 6 years after the person entitled thereto discovers that he has just cause of action, except as provided in section 3580. [1985, c. 641, § 1 (amd).]

Section History:
PL 1985,
Ch. 641,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §860. Renewal of promise in writing

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§860. Renewal of promise in writing

In actions founded on any contract, no acknowledgment or promise takes the case out of the operation hereof, unless the acknowledgment or promise is express, in writing and signed by the party chargeable thereby. No such acknowledgment or promise made by one joint contractor affects the liability of the others.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §861. Judgment where action barred against some and not others

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§861. Judgment where action barred against some and not others

In actions against 2 or more joint contractors, if it appears on trial or otherwise that the plaintiff is barred by the provisions hereof as to one or more of the defendants, but is entitled to recover against any other by virtue of a new acknowledgment, promise or otherwise judgment shall be rendered for the plaintiff against such other, and for the other defendants against the plaintiff.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §862. When nonjoinder of defendants is pleaded

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§862. When nonjoinder of defendants is pleaded

In an action on a contract, if the defendant pleads that another person ought to have been jointly sued and issue is joined thereon, and it appears on the trial that the action was barred by the provisions hereof against such person, the issue shall be found for the plaintiff.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §863. Partial payment and indorsement

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§863. Partial payment and indorsement

Nothing herein contained alters, takes away or lessens the effect of payment of any principal or interest made by any person, but no indorsement or memorandum of such payment made on a promissory note, bill of exchange or other writing, by or on behalf of the party to whom such payment is made or purports to be made, is sufficient proof of payment to take the case out of the statute of limitations. No such payment made by one joint contractor or his executor or administrator affects the liability of another.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §864. Presumption of payment after 20 years

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§864. Presumption of payment after 20 years

Every judgment and decree of any court of record of the United States, or of any state, or justice of the peace in this State shall be presumed to be paid and satisfied at the end of 20 years after any duty or obligations accrued by virtue of such judgment or decree.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §865. Application of limitations to counterclaims

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§865. Application of limitations to counterclaims

All the provisions hereof respecting limitations apply to any counterclaim by the defendant except a counterclaim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim to the extent of the demand in the plaintiff's claim. The time of such limitation shall be computed as if an action had been commenced therefor at the time the plaintiff's action was commenced. [1969, c. 367, § 1 (amd).]

Section History:
PL 1969,
Ch. 367,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §866. Defendant out of State when action commenced; insolvency

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§866. Defendant out of State when action commenced; insolvency

If a person is out of the State when a cause of action accrues against him, the action may be commenced within the time limited therefor after he comes into the State. If a person is absent from and resides out of the State, after a cause of action has accrued against him, the time of his absence from the State shall not be taken as a part of the time limited for the commencement of the action. If a person is adjudged an insolvent debtor after a cause of action has accrued against him, and such cause of action is one provable in insolvency, the time of the pendency of his insolvency proceedings shall not be taken as a part of the time limited for the commencement of the action. No action shall be brought by any person whose cause of action has been barred by the laws of any state, territory or country while all the parties have resided therein.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §867. Foreign corporations covered by limitations

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§867. Foreign corporations covered by limitations

Any foreign corporation, doing business continuously in this State and having constantly an officer or agent resident herein on whom service of any process may be made, shall be entitled to the benefit of all provisions of law relating to limitation of actions the same as domestic corporations.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §868. Action to recover damages for land taken for public use

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§868. Action to recover damages for land taken for public use

No action or proceeding shall be brought or maintained to recover damages caused by the taking of any land, rights or other property to be used for a public purpose when such taking has been authorized by the Legislature, unless the same is commenced within 3 years after the cause first accrued for which the same or like proceedings might have been commenced, nor shall any compensation be awarded for damages sustained for more than 3 years before the commencement of proceedings to recover the same.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §869. Action barred when no administrator 6 years after death

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§869. Action barred when no administrator 6 years after death

Where no administration is had upon the estate of a deceased person within 6 years from the date of death of said decedent and no petition for administration is pending, all actions upon any claim against said decedent shall be barred.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §870. Judgment by perjury; action on case

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§870. Judgment by perjury; action on case

When a judgment has been obtained against a party by the perjury of a witness introduced at the trial by the adverse party, the injured party may, within 3 years after such judgment or after final disposition of any motion for relief from the judgment, bring an action against such adverse party, or any perjured witness or confederate in the perjury, to recover the damages sustained by him by reason of such perjury; and the judgment in the former action is no bar thereto.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 14 - §871. Public Works Contractors' Surety Bond Law of 1971

Title 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS

§871. Public Works Contractors' Surety Bond Law of 1971

1. Title. This section shall be known and may be cited as the "Public Works Contractors' Surety Bond Law of 1971". [1971, c. 59 (new).]

2. Person and claimant. The terms "person" and "claimant" and the masculine pronoun as used in this section shall include individuals, associations, corporations or partnerships. [1971, c. 59 (new).]

3. Surety bonds. Except as provided in Title 5, section 1745, before any contract exceeding $100,000 in amount for the construction, alteration or repair of any public building or other public improvement or public work, including highways, is awarded to any person by the State or by any political subdivision or quasi-municipal corporation, or by any public authority, that person must furnish to the State or to the other contracting body, as the case may be, the following surety bonds:

A. A performance bond in an amount equal to the full contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. Such bond is solely for the protection of the State or the contracting body awarding the contract, as the case may be; and [1993, c. 436, §1 (amd).]

B. A payment bond in an amount equal to the full amount of the contract solely for the protection of claimants supplying labor or materials to the contractor or the contractor's subcontractor in the prosecution of the work provided for in the contract. The term "materials" includes rental of equipment. [1993, c. 436, §1 (amd).]

When required by the contracting authority, the contractor shall furnish bid security in an amount which the contracting authority considers sufficient to guarantee that if the work is awarded the contractor will contract with the contracting agency. The bid security may be in the form of United States postal money order, official bank checks, cashiers' checks, certificates of deposit, certified checks, money in escrow, bonds from parties other than bonding companies subject to an adequate financial standing documented by a financial statement of the party giving the surety, bond or bonds from a surety company or companies duly authorized to do business in the State. The bid security may be required at the discretion of the contracting authority to assure that the contractor is bondable. The bid securities other than bid bonds must be returned to the respective unsuccessful bidders. The bid security of the successful bidder must be returned to the contractor upon the execution and delivery to the contracting agency of the contract and performance and payment bonds, in terms satisfactory to the contracting agency for the due execution of the work. In the case of contracts on behalf of the State, the bonds must be payable to the State and deposited with the contracting authority. In the case of all other contracts subject to this section, the bonds must be payable to and deposited with the contracting body awarding the contract. [1993, c. 436, §1 (amd).]

4. Actions. Any person who has furnished labor or material to the contractor or to a subcontractor of the contractor in the prosecution of the work provided for in such contract in respect to which a payment bond has been furnished under subsection 3, paragraph B, and who has not been paid in full before the expiration of 90 days after the day on which the last of the labor was performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to bring an action on such payment bond in his own name for the amount, or the balance thereof, unpaid at the time of the institution of such action. Any such claimant having a direct contractual relationship with a subcontractor of the contractor furnishing such payment bond but no contractual relationship, express or implied, with such contractor shall not have the right of action upon such payment bond unless he shall have given written notice to such contractor within 90 days from the date on which such claimant performed the last of the labor, or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business, or at his residence. Every action on said payment bond shall be brought in the county in which the principal or surety has its principal place of business. No such action may be commenced after the expiration of one year from the date on which the last of the labor was performed or material was supplied for the payment of which such action is brought. Provided that in the case of a material supplier, where the amount of the claim is not ascertainable due to the unavailability of final quantity estimates, such action may be commenced before the expiration of one year from the date on which the final quantity estimates are determined. The notice of claim from the material supplier to the contractor furnishing the payment bond shall be filed before the expiration of 90 days following the determination by the contracting authority of the final quantity estimates. The contracting body and the agent in charge of its office shall furnish to anyone making written application therefor who states that he has supplied labor or materials for such work, and payment therefor has not been made, or that he is being sued on any such bond, or that he is the surety thereon, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution and delivery of the original. Applicants shall pay for such certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of preparation thereof. [1973, c. 625, §82 (amd).]

5. Application. This section shall not apply to any contract awarded pursuant to any invitation for bids issued on or before September 23, 1971 or to any bonds furnished in respect to any such contract. [1971, c. 622, §53 (amd).]

Section History:
PL 1971,
Ch. 59,
§ (NEW).
PL 1971,
Ch. 622,
§53 (AMD).
PL 1973,
Ch. 625,
§82 (AMD).
PL 1985,
Ch. 154,
§ (AMD).
PL 1985,
Ch. 554,
§2 (AMD).
PL 1989,
Ch. 483,
§A31 (AMD).
PL 1993,
Ch. 436,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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