# 38 M.R.S. § 3003: 38 §3003. Nature of rights

> Maine · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3003

## Section

- **Citation:** 38 M.R.S. § 3003
- **Heading:** 38 §3003. Nature of rights
- **Jurisdiction:** Maine
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ME Code / Title 38 / Chapter 31 / Section 3003

## Text

1. Holder. Any person, including a person that owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. When the department is the agency determining or approving the environmental response project pursuant to which an environmental covenant is created, the department shall identify all holders of the environmental covenant and may identify the department as a holder, notwithstanding any other provision of law. Notwithstanding section 568, subsection 5‑A and section 1364, subsection 7 or any other provision of law, the department may be a holder of an environmental covenant and approval of the board is not required. [PL 2005, c. 370, §1 (NEW).]

2. Right of agency. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property. [PL 2005, c. 370, §1 (NEW).]

3. Obligations. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as provided in the covenant. [PL 2005, c. 370, §1 (NEW).]

4. Priority of recorded interests. The priority of recorded interests is governed by other law, including law relating to the police powers of the State and public policies protecting health and the environment, and is unaffected by this Act, except as provided in section 3009, subsection 3 for tax liens. [PL 2005, c. 370, §1 (NEW).]

5. Signature on record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing boards of the owners' association. [PL 2005, c. 370, §1 (NEW).]

## Nearby sections

- [38 M.R.S. § 3001 38 §3001. Short title](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3001.md)
- [38 M.R.S. § 3002 38 §3002. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3002.md)
- [38 M.R.S. § 3003 38 §3003. Nature of rights](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3003.md)
- [38 M.R.S. § 3004 38 §3004. Contents of environmental covenant](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3004.md)
- [38 M.R.S. § 3005 38 §3005. Validity; effect on other instruments](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3005.md)
- [38 M.R.S. § 3006 38 §3006. Relationship to other land-use law](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3006.md)
- [38 M.R.S. § 3007 38 §3007. Notice](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3007.md)
- [38 M.R.S. § 3008 38 §3008. Recording](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3008.md)
- [38 M.R.S. § 3009 38 §3009. Duration; amendment by court action](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3009.md)
- [38 M.R.S. § 3010 38 §3010. Amendment or termination by consent](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3010.md)
- [38 M.R.S. § 3011 38 §3011. Enforcement of environmental covenant](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3011.md)
- [38 M.R.S. § 3012 38 §3012. Uniformity of application and construction](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3012.md)
- [38 M.R.S. § 3013 38 §3013. Relation to federal Electronic Signatures in Global and National Commerce Act](https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3013.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_T38_C31_S3003. Check the current official text before relying on it. Not legal advice.