Did you know Maine is a “Delivery State?”
You know the old saying; you learn something new every day? Well I have in fact learned something new that is very old and could pose a problem with the state subdivision law.
I have been working in this field for 35 years and just came to realize that Maine is a “delivery state.” What is that you ask? It simply means that a deed is not required to be recorded in the Registry of Deeds and when land is transferred from the Grantor to the Grantee, it's considered the day the deed is executed! My bad for not understanding this but I think it brings about a larger issue for municipalities.
The “delivery” date mechanism was created before the formation of the County Registry of Deeds and has been in the books since then. I have no problem with the delivery date however; the “delivery” date method does not require any notice or notification to a community in a timely manner to notify the town that the lot had been created. This puts the towns at a disadvantage to review the lot for proper lot size with the town’s zoning, compliance with the state subdivision law and for various assessment purposes.
This all came about when I was asked to review some deeds that were recorded in the registry and did not meet the 5 year time period between lot creations as stated in the state subdivision regulations. Meaning, the three lots created needed to go to subdivision review with the Planning Board. It was at that time I was told that the date was not the recording date but the date of “delivery” between the grantor and grantee. Going by those dates, the lots met the required time frame. I have always used the date of recording in the Registry of Deeds as the date to determine the 5 year time frame between lots being created. To me, this is the only reasonable and consistent tool for communities to use and is much more effective by today's standards with electronic filing and instant information available to the communities. The chances of this becoming a change are slim since we are so committed to the date of delivery process.
My point in all of this is that the state subdivision law does not indicate how to calculate the 5 year rule! The wording in the subdivision law should go on to indicate that “the 5 years shall be calculated from the date of delivery between the grantor and grantee”. This should be considered by the legislature in an amendment to the subdivision law for the purpose of making it clear how to calculate the 5 year window.