Real Property Law, Ownership, and Interests in Land
Fixtures and personal property
Use MARIA - Method of attachment, Adaptability, Relationship of the parties, Intention - to decide whether an item such as a dock, shed, or built-in appliance stays with the land.
Forms of ownership
Severalty (one owner); tenancy in common (no survivorship, freely inheritable); joint tenancy (survivorship, requires clear language); tenancy by the entirety (available to married couples in Maine, with survivorship and protection from one spouse's creditors).
Interests and encumbrances
Easements may be appurtenant (benefits a parcel) or in gross (benefits a person); they can arise by express grant, implication, necessity, or prescription. Maine's prescriptive period is generally 20 years for both prescriptive easements and adverse possession. Also know liens, encroachments, deed restrictions, and life estates. Maine records deeds at the county Registry of Deeds by book and page; recording protects against later claims but does not cure a defective deed.
Deeds
A quitclaim conveys whatever interest the grantor has with no covenants; a warranty deed carries statutory covenants; a release deed releases interest without warranty.
Trap: assuming a quitclaim is worthless or that joint tenancy survivorship exists without express language.
Worked example: A seller leaves a above-ground pool and a wall-mounted TV. The pool is attached and adapted to the yard; the TV is hung on a bracket the buyer negotiated separately. Document intent in the contract rather than arguing MARIA later.