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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4956

Citation
Section 4956
Parent Document
Town of York v. Cragin, 541 A.2d 932 (1988)
Jurisdiction
Maine (state)
Effective Date
1988-05-26

Full Text

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Baldwin’s condominium project will be subject to the Maine Condominium Act, 33 M.R.S.A. §§ 1601-101 to 1604-118 (1988). The law of real estate applies to condominiums, id. § 1601-108, and each condominium unit will be separately owned real estate, with part of the project owned in common, id. §§ 1601-103(7), 1601-105(a), (b). The creation of these condominium units, accomplished by sale, with ownership in people other than Baldwin, will constitute divisions within the meaning of section 4956. In Michaud we held that the conveyance of a fee interest of perpetual duration in an identifiable parcel of land constituted such a division. Michaud, 444 A.2d at 43. This was true even though the boundaries of the parcel were not well defined. Id. A condominium involves the creation of separate fee simple interests in identifiable units of real estate, and if three *936or more are created (ten units are called for in Baldwin’s plans), there is a division within the meaning of section 4956. Rental Apartment Project of Baldwin and DiPalma