My Account Real Estate Deeds

Maine Easement Deed

An easement or right-of-way is defined in the Maine Revised Statutes as the right of a person to pass over the land of another person ( 33-458). The easement deed is the instrument which creates this right. In a conveyance of real estate in Maine, all rights, easements, privileges, and appurtenances belonging to the granted estate should be included in the conveyance, unless a contrary intention is stated in the deed (33-773).

A conservation easement, another type of easement in Maine, is a non-possessory interest of a holder in real property imposing limitations or affirmative obligations for the purpose of retaining or protecting the natural, scenic, or open space values of real property (33-476). This type of easement can be created, conveyed, recorded, assigned, or partially released in the same manner as other easements created by written instrument in the state ( 33-477). A solar easement can also be created in this state for the purpose of ensuring direct access to sunlight. This type of easement is required to be in writing and is recorded and indexed the same way that other conveyances of real property interests are recorded. Solar easements are appurtenant and run with the land benefited and burdened (1401).

A Maine easement deed is subject to the same formalities as other conveyances and must therefore be signed and acknowledged by the grantor before it is submitted for recording. Acknowledgements can be taken before a notary public in the state of Maine, or before an attorney-at-law eligible to practice in the courts of the state of Maine, or before any of the officials listed in 33-203 of the Maine Revised Statutes. Easement deeds can be acknowledged according to the Uniform Recognition of Acknowledgments Act, which Maine has adopted. Under this act, a notarial act performed by a notary public in another state requires only the notary's signature and title in order to be recorded ( 4-1011).

An easement deed and other conveyances of real estate in fee simple in Maine will not be effectual against any person except the grantor, his heirs, and devisees, and persons having actual notice thereof unless the deed is acknowledged and recorded in the registry of deeds in the county where the property is located. If the land is in two or more counties then the deed should be recorded in the registry of deeds in each county. Conveyances of the right, title, or interest of the grantor, if duly recorded, are as effectual against prior unrecorded conveyances, as if they purported to convey actual title. All recorded real estate deeds, leases, or other written instruments pertaining to real estate in Maine will take precedence over unrecorded attachments and seizures ( 33-201). In order for an easement deed to constitute actual notice, it must meet the statutory conditions as set forth in 33-201A of the Maine Revised Statutes. Maine Easement Deed Forms Have Been Updated as Recently as Thursday January 2, 2020

4.7 out of 5 (1093 Reviews)

What others like you are saying:

Susan Z. said: Helpful website. Couldn't use the forms for my situation and area

Reply from Staff: Thank you for your feedback Susan. We don't want you to have to pay for something you didn't use, we've gone ahead and canceled your order and payment. Have a great day!

Caroline M. L. said: Hopefully, I am on the correct site to transfer ownership of a time share to my son. I am a senior, and this site is easy to follow if I am on the correct site. : )

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Ron D. said: No choice since the county does not seem to provide info you supplied.

Reply from Staff: Thank Ron, have a great day!

Christopher G. said: Great service and very easy to complete

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Altaray S. said: Really fast turn around time, and was provided exactly what I was looking for this time. This is my first experience with this site. It would have been cool to also get a document depicting/describing a property line, but like I said before, exactly what I was looking for this time.

Reply from Staff: Thank you so much for your feedback Altaray, we really appreciate it.

Susan K. said: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Maine Easement Deed Form