An Act To Amend the Short Form Deeds Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 33 MRSA §772, sub-§1, as enacted by PL 1999, c. 69, §1, is amended to read:
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 is clearly appears expressed in the deed instrument by a statement that the interest conveyed or reserved is an interest other than an estate in fee, by a limiting of the duration of the interest to a period less than perpetual duration or by an explicit restriction of the interest to the use and benefit only of the person or persons to whom it is conveyed or reserved. The omission of technical words of inheritance may not be construed to evidence an intention to convey or reserve an interest other than an estate in fee simple, even if such words are used elsewhere in the same instrument.
Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.