Terms Used In Maine Revised Statutes > Title 18-C > Article 6 > Part 4 - Uniform Real Property Transfer On Death Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agriculture: means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. See Maine Revised Statutes Title 38 Sec. 436-A
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Aquatic life: means any plants or animals which live at least part of their life cycle in fresh water. See Maine Revised Statutes Title 38 Sec. 466
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means a person that receives property under a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
• CFU: means colony-forming units. See Maine Revised Statutes Title 38 Sec. 466
• Color pollution unit: means that measure of water color derived from comparison with a standard measure prepared according to the specifications of the current edition of "Standard Methods for Examination of Water and Wastewater" adopted by the United States Environmental Protection Agency, or an equivalent measure. See Maine Revised Statutes Title 38 Sec. 466
• Combined sewer overflow: means a discharge of excess wastewater from a municipal or quasi-municipal sewerage system that conveys both sanitary wastes and storm water in a single pipe system and that is in direct response to a storm event or snowmelt. See Maine Revised Statutes Title 38 Sec. 466
• Community function: means mechanisms of uptake, storage and transfer of life-sustaining materials available to a biological community which determines the efficiency of use and the amount of export of the materials from the community. See Maine Revised Statutes Title 38 Sec. 466
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Designated beneficiary: means a person designated to receive property in a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
• Direct discharge: means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. See Maine Revised Statutes Title 38 Sec. 466
• Domestic pollutants: means any material, including, without limitation, sanitary wastes, waste water from household activities or waste waters with similar chemical characteristics, which are generated at residential or commercial locations. See Maine Revised Statutes Title 38 Sec. 466
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Estuarine and marine life: means any plants or animals which live at least part of their life cycle in salt water. See Maine Revised Statutes Title 38 Sec. 466
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Functionally water-dependent uses: means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. See Maine Revised Statutes Title 38 Sec. 436-A
• Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A
• Indigenous: means supported in a reach of water or known to have been supported according to historical records compiled by State and Federal agencies or published scientific literature. See Maine Revised Statutes Title 38 Sec. 466
• Inter vivos: Transfer of property from one living person to another living person.
• Invasive species: means an invasive animal as determined by the Department of Inland Fisheries and Wildlife or an invasive aquatic plant as listed under section 410?N or as determined by the department. See Maine Revised Statutes Title 38 Sec. 466
• Joint owner: includes a joint tenant. See Maine Revised Statutes Title 18-C Sec. 6-402
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
• Maritime activities: means the construction, repair, storage, loading and unloading of boats, chandlery and other commercial activities designed and intended to facilitate maritime trade. See Maine Revised Statutes Title 38 Sec. 436-A
• MPN: means most probable number. See Maine Revised Statutes Title 38 Sec. 466
• Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
• Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
• Natural: means living in, or as if in, a state of nature not measurably affected by human activity. See Maine Revised Statutes Title 38 Sec. 466
• Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A
• Overboard discharge: means discharge to the surface waters of the State of domestic pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment facilities. See Maine Revised Statutes Title 38 Sec. 466
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation, estate, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 6-402
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pounds per ton: means the unit for measurement of color in the discharge from the production of wood pulp. See Maine Revised Statutes Title 38 Sec. 466
• Probate: Proving a will
• Property: means an interest in real property located in this State that is transferable on the death of the owner. See Maine Revised Statutes Title 18-C Sec. 6-402
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quasi-municipal: means any form of ownership and management by a governmental unit embracing a portion of a municipality, a single municipality or several municipalities which is created by law to deliver public waste water treatment services, but which is not a state governmental unit. See Maine Revised Statutes Title 38 Sec. 466
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Resident biological community: means aquatic life expected to exist in a habitat which is free from the influence of the discharge of any pollutant. See Maine Revised Statutes Title 38 Sec. 466
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A
• Statute: A law passed by a legislature.
• Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A
• Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-A
• Sustenance fishing designated use: is a subcategory of the applicable fishing designated use that protects human consumption of fish for nutritional and cultural purposes and applies only to those water body segments that are identified in this article as subject to a sustenance fishing designated use. See Maine Revised Statutes Title 38 Sec. 466
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
• Transfer on death deed: means a deed authorized under this Part. See Maine Revised Statutes Title 18-C Sec. 6-402
• Transferor: means an individual who makes a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
• Trustee: A person or institution holding and administering property in trust.
• Unimpaired: means without a diminished capacity to support aquatic life. See Maine Revised Statutes Title 38 Sec. 466
• United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
• Use attainability analysis: means a structured scientific assessment of the factors affecting the attainment of a designated use in a water body. See Maine Revised Statutes Title 38 Sec. 466
• Without detrimental changes in the resident biological community: means no significant loss of species or excessive dominance by any species or group of species attributable to human activity. See Maine Revised Statutes Title 38 Sec. 466
• Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72