TITLE RECORDS AND EVIDENCE OF TITLE► CHAPTER 11

© 2009 South-Western, Cengage Learning

© 2009 South-Western, Cengage Learning

2 distinct systems for real estate title

vast majority of land is unregistered (recorded)

similar to Torrens system

system and procedure for land registration (land court)

certificate of title

registrar of deeds is also assistant recorder of land court

© 2009 South-Western, Cengage Learning

Massachusetts guarantees title

never subject to adverse possession

free from encumbrances not noted except …

a single parcel may include both registered and unregistered

title or encumbrance not effective until new certificate of title

© 2009 South-Western, Cengage Learning

vast majority of land is unregistered (recorded)

unregistered recorded as received (book and page #)

referenced as recorded or abstract system

common address set forth in margin of document

© 2009 South-Western, Cengage Learning

located in Boston

registered land process – action to quiet title

land court ultimately issues certificate of title

handles many real property matters

© 2009 South-Western, Cengage Learning

actual notice and constructive notice

inquiry notice does not generally exist in MA

responsibility for title search in MA belongs to lawyer

customarily buyer checks title and seller cures

abstract of title (chain of title) usually 50 years or longer

marketable title

title insurance (lender’s and owner’s policies)

© 2009 South-Western, Cengage Learning

1 to 4 DU - lender’s attorney certifies title to buyer

lawyer liable to mortgagee and buyer for title certification

KEY TERMS

© 2009 South-Western, Cengage Learning

abstract of title

actual notice

certificate of title

constructive notice

land court

recorded land

registered land

unregistered land