§ 1021 Definitions
§ 1022 Undue influence
§ 1023 Civil action; relief available
§ 1024 Other common law and statutory causes of action and relief still available
§ 1025 Title practices

Terms Used In Maine Revised Statutes > Title 33 > Chapter 20 - Improvident Transfers of Title

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Elderly person: means a person who is 60 years of age or older. See Maine Revised Statutes Title 33 Sec. 1021
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Independent counsel: means an attorney retained by the elderly dependent person to represent only that person's interests in the transfer. See Maine Revised Statutes Title 33 Sec. 1021
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Personal property: All property that is not real property.
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Transfer: includes , but is not limited to, a transfer under the Uniform Real Property Transfer on Death Act, but does not include testamentary transfers, which are outside the scope of this chapter. See Maine Revised Statutes Title 33 Sec. 1021