Maine Revised Statutes Title 33 Sec. 1584 – Validity
Current as of: 2023 | Check for updates
|
Other versions
A trail easement is valid and enforceable even if: [PL 1999, c. 371, §1 (NEW).]
1. Not appurtenant to interest in real property. It is not appurtenant to or does not run with an interest in real property;
[PL 1999, c. 371, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 33 Sec. 1584
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Holder: means :
A. See Maine Revised Statutes Title 33 Sec. 1581Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Trail easement: means a nonpossessory interest of a holder in real property for the purposes of creating and maintaining a trail for use by the general public:
2. Assigned to another holder. It can be or has been assigned to another holder;
[PL 1999, c. 371, §1 (NEW).]
3. Not recognized at common law. It is not of a character that has been recognized traditionally at common law;
[PL 1999, c. 371, §1 (NEW).]
4. Negative burden. It imposes a negative burden;
[PL 1999, c. 371, §1 (NEW).]
5. Affirmative obligations. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
[PL 1999, c. 371, §1 (NEW).]
6. Benefit does not touch or concern real property. The benefit does not touch or concern real property;
[PL 1999, c. 371, §1 (NEW).]
7. No privity of estate or of contract. There is no privity of estate or of contract; or
[PL 1999, c. 371, §1 (NEW).]
8. Does not run to successors or assigns. It does not run to the successors or assigns of the holder.
[PL 1999, c. 371, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 371, §1 (NEW).