| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 33 MRSA §772, as amended by PL 1969, c. 344, §1 is repealed | and the following enacted in its place: |
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| §772.__Words of inheritance; habendum |
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| | 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. |
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| | 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. |
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| | 3.__Contents of notice.__The notice required under subsection | 2 must contain: |
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| A.__The name and address of the person on whose behalf the | interest in real estate is being claimed; |
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| B.__An intelligible description of the real estate and | interest that is being claimed; |
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| 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 |
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| D.__A duly verified oath taken by the person claiming the | interest in real estate before a person authorized to | administer oaths. |
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| | 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. |
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| | 5.__Who may present notice for recording.__The notice required | under subsection 2 and described in subsection 3 may be |
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