Anyone from Massachusetts have an idea about how long the Land Court process takes on an uncontested boundary?
I made a survey of two contiguous parcels in existence since 1780. The client did not request that I record the map.
The client's attorney wrote to me to say the title insurance company wanted the land registered, meaning decided by the Land Court.?ÿ
While I would be thrilled to file a survey with the Land Court, I suggested that it would be simpler and less expensive to record the map at the Registry of Deeds.
My survey methods already meet the requirements of the Land Court except that I would need to make a report of the measurements. I would also need to prepare the map to meet their requirements.?ÿ?ÿ
Whatever happened to Don Poole @foggyidea who was knowledgeable about land court??ÿ He hasn't posted in almost a year.
He must be out standing in the field.
Seriously, I used to see him at the conventions, but that's all virtual now. Can't even tell who is online.
It depends. The Land court process can take considerable time.?ÿ It used to be common to have a case go on for several years. I haven't been involved in a new registration in a while, though.
A big variable is the title, and how much work is involved getting that settled.?ÿ Do you know why the Title Insurance company is balking??ÿ If there is no title issue, and the property lines are definite there should be no reason to go through the Land Court.
You said that you put out there to just go ahead and file your survey plan on the "unregistered side" of the Registry of Deeds, but are you sure that the title company and your clients lawyer understand the difference?
My experience is that there is confusion there, especially if dealing with out of state banks and lawyers.?ÿ
Yes, I wonder if they are confusing registered and recorded. I'm trying to find out why the title company is making this request. Thank you.
I agree with Freeman, I'm thinking there's some confusion here.
My thoughts on Land Court is avoid it if you can.?ÿ Don't go asking for them to get involved.
I just had a conversation with a lawyer who told me about a registration case where it took over a year just for the court appointed title researcher to complete that phase of the work. Not because the title was overly tricky, but because he was working on his own schedule without a deadline. The survey was filed, but they couldn't get the the court session scheduled until the title report was done.
The seller's attorney wrote to explain that the buyer's title insurer wanted the land registration partly because the survey didn't match the assessor map. The attorney now has a new buyer and hopefully the registration issue will go away. I told him we do not use the assessor map to make determinations.
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