33 §469-A. Title to proposed, unaccepted ways
Title 33: PROPERTY
Chapter 7: CONVEYANCE OF REAL ESTATE
Subchapter 7: TITLE TO ROADS AND WAYS
§469-A. Title to proposed, unaccepted ways
1. Reservation of title. Any conveyance made before the effective date of this section which conveyed land abutting upon a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds shall be deemed to have conveyed all of the grantor's interest in the portion of the way which abuts the land conveyed, unless the grantor expressly reserved his title to the way by a specific reference to this reservation in the conveyance of the land.
[ 1987, c. 385, §4 (NEW) .]
2. Intent to reserve. Any grantor who, before the effective date of this section, conveyed land abutting a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds with the intent to reserve title to the way, but who did not expressly reserve title to the way as required in subsection 1, or any person who claims title to the way by, through or under the grantor, may preserve the grantor's claim by recording the notice set forth in subsection 3, in the registry of deeds where the pertinent subdivision plan is recorded, within 2 years after the effective date of this section.
[ 1987, c. 385, §4 (NEW) .]
3. Notice. The notice required under subsection 2 shall contain:
A. An intelligible description of the way or portion of a way in which title is being claimed; [1987, c. 385, §4 (NEW).]
B. The name and address of the person on whose behalf the title is being claimed; [1987, c. 385, §4 (NEW).]
C. A description, including specific reference, by date of recording and the volume and page numbers, to that conveyance, of the recorded instrument in which the person claims title to the way or portion of the way which was intended to be reserved; and [1987, c. 385, §4 (NEW).]
D. A duly verified oath taken by the person claiming title before a person authorized to administer oaths. [1987, c. 385, §4 (NEW).]
[ 1987, c. 385, §4 (NEW) .]
4. Register's duties. The register of deeds shall enter upon the margin of the recorded conveyance, described in the notice under subsection 3, paragraph C, the volume and page numbers where the notice is recorded.
The register of deeds may charge the same fee for recording the notice that is charged for recording deeds.
[ 1987, c. 385, §4 (NEW) .]
5. Who may present notice for recording. The notice required under subsection 2 may be presented for recording by the person claiming title or a person acting on his behalf. Disability or lack of knowledge by the person claiming title shall not extend the time limitations related to the recording of the notice.
[ 1987, c. 385, §4 (NEW) .]
6. Lack of reservation. Any person owning land in this State abutting a proposed, unaccepted way or portion of a proposed, unaccepted way, whose predecessors in title had not reserved title in the way under subsection 1 or 2, is deemed to own to the center line of the way or portion of the way.
[ 1987, c. 385, §4 (NEW) .]
7. Action to establish title. In any action concerning title to a proposed, unaccepted way, the burden of proof concerning the grantor's intent to reserve title shall be on the grantor or those claiming title by, through or under the grantor.
[ 1987, c. 385, §4 (NEW) .]
8. Construction of laws. Nothing contained in this section may be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations.
This section shall be liberally construed to affect the legislative purpose of clarifying the title to land underlying proposed, unaccepted ways by eliminating the possibility of ancient claims.
[ 1987, c. 385, §4 (NEW) .]
SECTION HISTORY
1987, c. 385, §4 (NEW).