Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 851 (2026)

Trust in lands requires writing

✓ current as of May 2026
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There can be no trust concerning lands, except trusts arising or resulting by implication of law, unless created or declared by some writing signed by the party or his attorney.  
Notes of Decisions
Cited in 5 cases, 1989–2016 · leading case: Baizley v. Baizley, 1999 ME 115 (Me. 1999).
Baizley v. Baizley, 1999 ME 115 (Me. 1999). · cites it 2× “Title 33 M.R.S.A. § 851 (1999) provides that “[t]here can be no trust concerning lands, except trusts arising or resulting by implication of law, unless created or declared by some writing signed by the party or his attorney.”
Farley v. Town of Lyman, 557 A.2d 197 (Me. 1989). “Those descriptions range from a detailed agreement among plaintiff, her sister, and their parents that clearly would have created an express trust but for the statute of frauds, 33 M.R.S.A. § 851 (1988), to an explanation that “recently [plaintiff] conveyed the property to her…”
Sleeper v. Loring (Me. Super. Ct 2016). “Plaintiffs rely on the Statute of Frauds, 33 M.R.S. § 851, which provides, "[t]here can be no trust concerning lands, except trusts arising or resulting by implication of law, unless created or declared by some writing signed by the party or his attorney.”
Pelletier v. Noel (Me. Super. Ct 2005). “Maine statutes provides: st concerning lands isi unless created or duineot by 30 g , except trusts arising or resultin 33 M.RS.A. § 851 (2004)(emphasis adde me writing signed by the party or his atto : d).”
Guay v. Kennedy (Me. Super. Ct 2011). “See 33 M.R.S.A. §851. The statute of frauds does not apply to the constructive trust count.”
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