Maine Quit Claim Deed Form
In Maine, it is a requirement for all property conveyances to stated in writing and duly recorded. A Maine Quit Claim Deed is an ideal choice for conveying interest in a property in a fuss-free and quick manner without any warranties or guarantees. Maine state law defines this legal form as a Deed of the usual form which, “conveys the estate which the grantor has and can convey by a deed of any other form.” Basically, this form is entered into by a party called the Grantor who possesses an interest in a given property, and a party called the Grantee who they will convey their interest to.
Laws: (§ 161) – Maine Revised Statutes, Title 33: Property, Chapter 7: “Conveyance of Real Estate”
Conditions of actual notice (§ 201-A): In order to constitute actual notice, the Quit Claim Deed must contain:
- The volume and page of the registry or probate court record of the Deed, and
- An adequate description of the property given either in metes and bounds (a method of describing the boundary lines of land) 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.
Grantor and Grantee’s names (§ 651-A): The names of the signatories of the Quit Claim Deed must be typed or printed under their respective signatures.
Grantee’s address (§ 456): The Deed must state the Grantee’s address i.e., the street, number, municipality, and state of the property the Grantee resides.
Type of Quit Claim Deed (§ 765 and § 766): It is important to note that the Quit Claim Deed described on this page is a Quit Claim Deed Without Covenants. That is, no warranties or guarantees of title are made by the Deed.
Confusingly, § 765 and § 766 establish guidelines about Quit Claim Deeds With Covenants. This type of Deed, also called a Special or Limited Warranty Deed, notably offers a guarantee of title in certain contexts. As such, these provisions are not relevant to the type Quit Claim described here.
Signing requirements (§ 162 and § 203): A Maine Quit Claim Deed must be signed and acknowledged by the Grantor before a certified individual, such as a Notary Public in the State, a Commissioner appointed by the Governor of the State, an Attorney-at-Law, or a clerk of a court of record who has a seal.
How to file a Quit Claim Deed in Maine (§ 306): Maine state law provides two (2) main steps for filing a Quit Claim Deed:
- After the Quit Claim Deed is completed, a certificate of acknowledgment or proof of execution must be indorsed on or annexed to it, and
- Both the Deed and certificate must then be recorded in the Registry of Deeds located in the same county the property can be found. The Registry of Deeds will charge a recording fee, as explained below.
The certificate/proof of execution is not optional; the Deed will not be duly filed without either one.
Recording the Quit Claim Deed is pivotal because, in accordance with § 201, Maine abides by a “notice recording statute.” This statute states:
“No conveyance of an estate…is effectual against any person except the grantor, his heirs and devisees, and persons having actual notice thereof unless the deed or lease is acknowledged and recorded in the registry of deeds within the county where the land lies.”
In plain English, this means that the Deed must be recorded in the Registry of Deeds in order to provide notice of the Deed to all others. If, at a future date, the Grantor conveys the property to another Grantee and the Grantee does not have notice (that is, they cannot see any record of another active Deed), their rights to the property will be upheld.
Required Fees: The Maine Registry of Deed will charge a recording fee, which according to their fee schedule is:
- First (1st) Page: Nineteen dollars ($19.00) plus a three dollar ($3.00) surcharge.
- Any additional pages: Two dollars ($2.00) per page.
- Any more than four (4) names to be indexed: One dollar ($1.00) per additional name. The names of all Grantors, Grantees, AKAs, trustees, DBAs, partners, and nominees are included in this name count.
- Any additional marginal reference after the initial one: Thirteen dollars ($13.00) each.
- A fee will also be imposed on any copies made.