STANDARD NO. 505
PROBLEM:
When
may an examiner certify title (which is otherwise marketable) where a portion
of the locus adjoining tidewater lies seaward of the low water mark as that
term is used to define the line between private ownership and that of the State
of
RCOMMENDATION:
An examiner may certify title when:
A.
There is a deed from the State of
B. There is confirmation of ownership from the Bureau of Parks and Lands pursuant to 12 M.R.S.A. § 1865 (Title 12, Section 559 was repealed and replaced June 30, 1998); or
C. There is an affidavit or other evidence that title vested in the claimant or his predecessors in interest (by virtue of M.R.S.A. Title 12, Section 559 was repealed and replaced June 30, 1998 by 12 M.R.S.A. § 1865).
DISCUSSION:
Title
below the low water mark rests in the State of Maine unless the property is
affected by the operation of 12 M.R.S.A. § 1865 (Title 12, Section 559 was
repealed and replaced June 30, 1998). See, Opinion
of the Justices, 437 A.2d 597 (
QUERY:
Does a
confirmation of ownership received from the Bureau of Parks and Lands operate
as an estoppel against the State of
First adopted June 19, 1975;
amended December 7, 1983 and September 20, 2006. Formerly Title Standard No. 61.
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