Maine's Action to Try Title: A Proposal for Statutory Reform

Maine law provides three distinct statutory proceedings to try title: the real action, an action at law to quiet title, and an action in equity to quiet title. As the preceding Comment demonstrates, the present statutory scheme preserves outmoded distinctions between law and equity that are functionally obsolete in modern civil practice. Although the statutory law governing actions to try title in most states is, like Maine's, a patchwork product replete with archaic concepts, several other states have consolidated legal and equitable remedies into simple, comprehensive statutory actions. This Comment proposes a similar statute for Maine in the interest of efficient resolution of title controversies. While an exhaustive blueprint for reform of Maine's present statutory scheme is not attempted, the most salient features of the reform legislation and the changes it will bring to Maine law are discussed generally, with reference to how jurisdictions with similar legislation have resolved various conflicts over property rights.