Me. Rev. Stat. » Title 33
Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 201-A (2026)

Conditions of actual notice

✓ current as of May 2026
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An exception, reservation, or recital in a conveyance, mortgage, devise or other transfer of real property or of any interest therein, shall not constitute actual notice within the meaning of section 201 of any other conveyance, mortgage, devise or other transfer of real property or of any interest therein unless it contains the following:   [PL 1977, c. 504 (NEW).]
1.  Reference to the volume and page of the registry or probate court record.  A reference to the volume and page of the registry or probate court record of the deed or other instrument evidencing such other conveyance, mortgage, devise or other transfer, which record can be found at the time of the recording of the deed or other instrument containing the exception, reservation or recital; or  
[PL 1977, c. 504 (NEW).]
2.  Adequate description.  An adequate description by metes and bounds or by reference to the volume and page of the record of a survey plan of the property affected by the exception, reservation or recital, in which case the actual notice shall extend only to the property so described.  
Any such exception, reservation or recital lacking such reference or adequate description shall not except, reserve or otherwise affect real property or any interest therein; provided that this section shall not prevent any such exception, reservation or recital from constituting a waiver, limitation or negation of a warranty of title in the document in which the exception, reservation or recital occurs, or from being taken into account in determining the existence of a contractual obligation or condition between the immediate parties to the document in which the exception, reservation or recital occurs.  
[PL 1977, c. 504 (NEW).]
SECTION HISTORY
PL 1977, c. 504 (NEW).
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Notes of Decisions
Cited in 6 cases, 1978–2019 · leading case: Gagner v. Kittery Water Dist., 385 A.2d 206 (Me. 1978).
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Gagner v. Kittery Water Dist., 385 A.2d 206 (Me. 1978). “33 M.R.S.A. § 201-A, enacted by P.L.1977, ch.”
Hull v. Bishop (In re Bishop), 554 B.R. 558 (Bankr. D. Me. 2016). “It does assert, in passing, that the Trustee "did not attain [bona fide purchaser] status and may not avoid the mortgage.”
MacDougall v. Reinzo (Me. Super. Ct 2001). · cites it 2× “The sole purpose of the enactment of 33 M.R.S.A. §201-A and §201-B was to obviate title problems created by exceptions or reservations which made reference to instruments without a specific description of the estate excepted or reserved.”
Wallace v. Norton (Me. Super. Ct 2002). · cites it 2× “This court finds the Defendant's argument unpersuasive in that 33 M.”
Belanger v. Yorke (Me. Super. Ct 2019). “See 33 M.R.S. § 201-A(2). Here, however, it is undisputed that the Ms.”
Bianco v. Cole (Me. Super. Ct 2009). “" In the court's view that would include the rights of way shown on the subdivision plan and is adequate to comply with 33 M.R.S. § 201-A(2). Cole's predecessors in title, therefore, took the lot marked "right of way" between Lots 23 and 24 subject to an easement benefiting the…”
— Me. Rev. Stat. tit. 33, § 201-A(2) — 2 cases
Belanger v. Yorke (Me. Super. Ct 2019). “See 33 M.R.S. § 201-A(2). Here, however, it is undisputed that the Ms.”
Bianco v. Cole (Me. Super. Ct 2009). “" In the court's view that would include the rights of way shown on the subdivision plan and is adequate to comply with 33 M.R.S. § 201-A(2). Cole's predecessors in title, therefore, took the lot marked "right of way" between Lots 23 and 24 subject to an easement benefiting the…”
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