§132. Creation; conveyance; acceptance; duration; filing
1.
Working waterfront covenant.
Except as otherwise provided in this chapter, a working waterfront covenant may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other real estate covenants created by written instrument.
[PL 2005, c. 574, §1 (NEW).]
2.
Right or duty.
A right or duty in favor of or against a qualified holder may not arise under a working waterfront covenant unless it is accepted in writing by the qualified holder.
[PL 2005, c. 574, §1 (NEW).]
3.
Limitation.
Except as provided in this chapter, a working waterfront covenant is unlimited in duration unless a change of circumstances renders the working waterfront covenant no longer in the public interest as determined in an action under section 133, subsection 2.
[PL 2005, c. 574, §1 (NEW).]
4.
Filing.
A working waterfront covenant must be recorded in the County Registry of Deeds, and a copy of the covenant must be filed with the Department of Agriculture, Conservation and Forestry together with a map showing with specificity the location of the affected real estate on the form or forms that the department requires.
[PL 2011, c. 655, Pt. II, §6 (AMD); PL 2011, c. 655, Pt. II, §11 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
5.
Other interest.
An interest in real property in existence at the time a working waterfront covenant is created is not affected by the covenant unless the owner of the interest is a party to the covenant or consents to the covenant.
[PL 2005, c. 574, §1 (NEW).]
6.
Right to enter land.
The instrument creating a working waterfront covenant must provide for the right by the qualified holder to enter the real property to ensure compliance.
[PL 2005, c. 574, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 574, §1 (NEW). PL 2011, c. 655, Pt. II, §6 (AMD). PL 2011, c. 655, Pt. II, §11 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).