2017 Maine Revised Statutes
TITLE 33: PROPERTY
Chapter 7: CONVEYANCE OF REAL ESTATE
Subchapter 8-A: CONSERVATION EASEMENTS
33 §477. Creation, conveyance, acceptance and duration
§477. Creation, conveyance, acceptance and duration
1. Conservation easement. Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned or partially released in the same manner as other easements created by written instrument. A conservation easement may be terminated or amended by the parties only as provided in section 477-A, subsection 2.
[ 2007, c. 412, §2 (AMD) .]
2. Right or duty. No right or duty in favor of or against a holder arises under a conservation easement unless it is accepted by the holder and no right in favor of a person having a 3rd-party right of enforcement arises under a conservation easement unless it is accepted by any person having a 3rd-party right of enforcement.
[ 1985, c. 395, §3 (NEW) .]
3. Limitation. Except as provided in this subchapter, a conservation easement is unlimited in duration unless:
A. The instrument creating it otherwise provides; or [1985, c. 395, §3 (NEW).]
B. Change of circumstances renders the easement no longer in the public interest as determined by the court as provided in section 477-A, subsection 2, paragraph B in an action under section 478. [2007, c. 412, §3 (AMD).]
[ 2007, c. 412, §3 (AMD) .]
4. Interest. An interest in real property in existence at the time a conservation easement is created shall not be impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
[ 1985, c. 395, §3 (NEW) .]
5. Entitled to enter land. The instrument creating a conservation easement must provide in what manner and at what times representatives of the holder of a conservation easement or of any person having a 3rd-party right of enforcement shall be entitled to enter the land to assure compliance.
[ 1985, c. 395, §3 (NEW) .]
SECTION HISTORY
1985, c. 395, §3 (NEW). 2007, c. 412, §§2, 3 (AMD).
