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USA Statutes : maine
Title : Title 33. PROPERTY
Chapter : Chapter 15. TRUSTS
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Title 33 - §851-A. Conveyances to or from trusts without naming trustee
Title 33: PROPERTY
Chapter 15: TRUSTS
§851-A. Conveyances to or from trusts without naming trustee
1. Conveyance to a trust. In any conveyance of real property or any interest in real property in this State, if the grantee or one or more of the
grantees is named as a trust, whether the trust is created under the laws of this State or of any other jurisdiction, and
no trustee of that trust is named as a grantee, then the conveyance is deemed to have been made to all of the trustees of
the trust in their capacity as trustees of the trust, as though they had been named as grantees instead of the trust.
[1995, c. 523, §1 (new).]
2. Conveyance from a trust. In any conveyance of real property or any interest in real property in this State, if the grantor or one or more of the
grantors is named as a trust, whether the trust is created under the laws of this State or of any other jurisdiction, and
no trustee of that trust is named as a grantor, then the conveyance is deemed to have been made by all of the trustees of
the trust who signed the instrument of conveyance as trustees of the trust, as though they had been named as grantors instead
of the trust.
[1995, c. 523, §1 (new).]
3. Preservation of claim. Any person who claims title to any real property or any interest in real property in this State by virtue of the failure
of an instrument of conveyance delivered before the effective date of this section to name as grantor or as grantee any trustee
of a trust may preserve that claim by recording a notice, within 2 years from the effective date of this section, in the registry
of deeds where the instrument of conveyance is recorded. In order for the notice to be effective, it must contain the name
and mailing address of the claimant, the names of the parties to the instrument of conveyance that is claimed to be defective,
the book and page numbers where the instrument of conveyance is recorded and a statement of the purported defect on which
the claim is based. The notice described in this subsection may be presented for recording by the claimant or by any other
person acting on behalf of a claimant who is under a disability or is unable to assert a claim on the claimant's own behalf,
but a disability or lack of knowledge of any kind does not suspend or extend the period for the recording of the notice.
[1995, c. 523, §1 (new).]
4. Register's duties. The register of deeds shall enter upon the margin of the recorded instrument, described in a notice recorded as provided
in subsection 3, the book and page numbers where the notice is recorded.
[1995, c. 523, §1 (new).]
5. Application. This section does not apply to any trust that, as determined by the laws of its situs, is an entity capable of holding and
conveying title in its own name.
[1995, c. 523, §1 (new).]
6. Construction. Nothing contained in this section may be construed to recognize trusts created under the laws of this State as entities
capable of holding or conveying title to real property in their own names. This section applies to conveyances made before,
on or after the effective date of this section, but nothing contained in this section may be construed to suggest or require
that any instrument delivered before the effective date of this section is invalid. Nothing contained in this section may
be construed to extend the period for the commencement of an action or for the performance of any other required act under
any statute of limitations.
[1995, c. 523, §1 (new).]
Section History:
PL 1995,
Ch. 523,
§1
(NEW).
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
This page created on: 2005-10-01
Title 33 - §851. Trust in lands requires writing
Title 33: PROPERTY
Chapter 15: TRUSTS
§851. Trust in lands requires writing
There can be no trust concerning lands, except trusts arising or resulting by implication of law, unless created or declared
by some writing signed by the party or his attorney.
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
This page created on: 2005-10-01
Title 33 - §852. Titles not defeated by trusts without notice or record
Title 33: PROPERTY
Chapter 15: TRUSTS
§852. Titles not defeated by trusts without notice or record
The title of a purchaser for a valuable consideration or a title derived from levy of an execution cannot be defeated by a
trust, however declared or implied by law, unless the purchaser or creditor had notice thereof. When the instrument, creating
or declaring it, is recorded in the registry where the land lies, that is to be regarded as such notice.
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
This page created on: 2005-10-01
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