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/ ↗

Full Text

1,160 chars

The court, in its reliance on our decisions in Town of Arundel v. Swain, 374 A.2d 317 (Me.1977), and Michaud, 444 A.2d 40, ignores the controlling facts presented to the court in each of those cases. In neither instance were we dealing with an interest in real estate to be "split off" by the sale or lease of a well-defined, permanent residential area within a structure placed on a "tract or parcel of land." As we stated in Michaud, "Plainly the key fact in Swain was the tenuous connection between the campers and the campsites they occupied." 444 A.2d at 42. On its facts, we distinguished Michaud from Swain. We found that even though no boundaries were delineated on the face of the earth, the purchasers, by purchasing the exclusive use of a campsite, had acquired a "real estate interest of greater dignity than the interest a transient camper has in his campsite," resulting in a sense of "territorial imperative," thus activating the subdivision statute. Id. at 42-43. In both cases we looked to the nature of the real estate interest split off by the transaction to determine whether there was a division of land within the meaning of section 4956.

Other Sections in This Document (64)

Full Text