Sec. 1. 33 MRSA §772, as amended by PL 1969, c. 344, §1 is repealed and the following enacted in its place:

§772.__Words of inheritance; habendum

1.__Words of inheritance; habendum.__In a conveyance or reservation of real estate, the terms "heirs," "successors," "assigns," "forever" or other technical words of inheritance, or an habendum clause, are not necessary to convey or reserve an estate in fee.__A conveyance or reservation of real estate, whether made before or after the effective date of this section, must be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the conveyance.

2.__Notice of intent to preserve rights.__A person claiming an interest in real estate by reason of the omission of technical words of inheritance or the lack of an habendum clause in a deed that conveyed or reserved a property interest prior to October 1, 1969, may preserve that claim by filing a notice of intent to preserve in the registry of deeds in the county where the real estate is located within 2 years after the effective date of this section.

3.__Contents of notice.__The notice required under subsection 2 must contain:

A.__The name and address of the person on whose behalf the interest in real estate is being claimed;

B.__An intelligible description of the real estate and interest that is being claimed;

C.__A statement of the source of title to the interest in real estate, including its derivation from the deed which lacked such technical words of inheritance or habendum; and

D.__A duly verified oath taken by the person claiming the interest in real estate before a person authorized to administer oaths.

4.__Register's duties.__The register of deeds shall enter upon the margin of the recorded deed that lacked technical words of inheritance or an habendum clause the volume and page numbers where the notice of intent to preserve is recorded.__The register of deeds may charge the same fee for recording the notice that is charged for recording deeds.

5.__Who may present notice for recording.__The notice required under subsection 2 and described in subsection 3 may be