STANDARD NO. 503

PROBLEM:

Should the examiner certify, as unencumbered by public or private rights, the title to land underlying a proposed, unaccepted way laid out on a recorded subdivision plan or shown on a plan with reference to which a lot has been conveyed?

RECOMMENDATION:

No, unless:

A. With respect to plans recorded on or after September 29, 1987, the public and private rights have terminated in accordance with 23 M.R.S.A. § 3031; or

B. With respect to plans recorded before September 29, 1987, and lots conveyed with reference to unrecorded plans:

1. In order to eliminate the implied easement rights of owners of lots depicted on the plan either (a) the provisions of 23 M.R.S.A. § 3027-A or § 3033 have been complied with or (b) a deed has been secured from the owner of each such lot or (c) a decree against all such lot owners has been secured from a court of competent jurisdiction; and

2. In order to eliminate the public interest either (a) the provisions of 23 M.R.S.A. § 3027 have been complied with or (b) the proposed, unaccepted way is deemed vacated pursuant to 23 M.R.S.A. § 3032.

DISCUSSION:

See Bartlett v. City of Bangor, 67 Me. 460 (1878); Callahan v. Ganneston Park Development Corporation, 245 A.2d 274 (Me. 1968); Hartwell v. Stanley, 2002 ME 29, 790 A.2d 607; Murch v. Nash, 2004 ME 139, 861 A.2d 645.

Note that the provisions of 23 MRSA §§ 3031-3033 do not apply to unrecorded plans. Note also that the provisions for discontinuance or abandonment of public ways have no application to proposed, unaccepted ways.

First adopted June 19, 1975; amended December 7, 1983 and September 27, 2005. Formerly Title Standard No. 59.

45