| 5. Real-Property-Related Filings. Subsection (b) [Maine cite |
subsection (2)] contains the requirements for financing statements |
filed as fixture filings and financing statements covering timber |
to be cut or minerals and minerals-related accounts constituting |
as-extracted collateral. A description of the related real |
property must be sufficient to reasonably identify it. See Section |
9-108 (Maine cite section 9-1108]. This formulation rejects the |
view that the real property description must be by metes and |
bounds, or otherwise conforming to traditional real-property |
practice in conveyancing, but, of course, the incorporation of such |
a description by reference to the recording data of a deed, |
mortgage or other instrument containing the description should |
suffice under the most stringent standards. The proper test is |
that a description of real property must be sufficient so that the |
financing statement will fit into the real-property search system |
and be found by a real-property searcher. Under the optional |
language in subsection (b)(3) [Maine cite subsection (2), paragraph |
(c)], the test of adequacy of the description is whether it would |
be adequate in a record of a mortgage of the real property. As |
suggested in the Legislative Note, more detail may be required if |
there is a tract indexing system or a land registration system. |