STANDARD 504

PROBLEM:

If an instrument in the chain of title purports to exclude by exception, reservation or recital, a portion of the described premises by language that does not meet the requirements of 33 M.R.S. §201-A, and there is no conveyance of the excepted portion recorded prior to the instrument containing the exception, shall the excepted portion be considered an encumbrance in the title?

RECOMMENDATION:

No.

DISCUSSION:

The rule was just the opposite under the holding of Sanford v. Stilwell, 101 Me. 466 (1906).  33 M.R.S. §201-A, B (Chpt. 504, PL 1977, effective July 15, 1977) was passed to correct the problem.  While this statute purges a title of unrecorded and poorly described exceptions, it can make title to the excepted parcel unmarketable at the same time.

First adopted August 25, 1960; amended January 17, 1978, December 7, 1983 and September 20, 2006.  Formerly Title Standard No. 30.