Property Ownership
A Maine property owner grants an easement by express grant, which must be:
AOral and witnessed by two people
BIn writing and recorded to be enforceable against subsequent owners✓ Correct
CFiled with the MREC
DApproved by the municipality
Explanation
An express easement grant must be in writing (per the Statute of Frauds) and should be recorded in the Registry of Deeds to provide constructive notice to and be enforceable against subsequent purchasers.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
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