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
Original Source: https://www.courtlistener.com/opinion/1919219/town-of-york-v-cragin/ ↗

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The rental units to result from the apartment project of Baldwin and DiPalma also will create sufficient real estate interests in the lessees or tenants so as to fall within the provisions of section 4956. The renting of an apartment effectively constitutes a splitting off of an interest in land. This is accomplished by the creation, by means of a lease (if one is used) or otherwise, of a tenancy interest in the person leasing or renting the apartment. See Swain, 374 A.2d at 320. Unlike the temporary camper in Swain or the transient guest of a motel, the apartment dweller has a legally defined interest in the rental unit, an identifiable portion of real estate. By virtue of that status the tenant has definite rights protected under the law, see Perreault v. Parker, 490 A.2d 203, 205 n. 4 (Me.1985); 14 M.R.S.A. §§ 6001-6038 (1980 & Supp.1987); 33 M.R.S.A. § 162 (1988), and “can be expected to develop a sense of territorial imperative.” Michaud, 444 A.2d at 43. Motel Project of Cragin

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