..."all private owners of registered land have the right to withdraw from the registration system and no longer need to establish statutory grounds or good cause for obtaining withdrawal."
Developers subdividing registered land may want to take advantage of this to reduce the costs. While I appreciate the advantages of title registration, the system adds a lot of cost to any project that creates new lot lines.
Not a Massachusetts surveyor... is this some kind of torrens system?
Not a Massachusetts surveyor... is this some kind of torrens system?
Yes, it is a Torrens system. Established around 1905. Participation is voluntary. Putting a lot into the system requires a survey, extensive title research back to the days of Noe, notification of all possible parties in interest, and ultimately a trial before the Land Court to adjudicate the boundaries, easements, ownership of the title. Later, when subdividing the land, a Supplemental Petition is filed with a current survey, which gets reviewed thoroughly.
@peter-lothian If it is voluntary, what's the benefit?
Usually it is given as being increased certainty in title and thus a reduction in dealing costs.
Sounds like that is not the case here.
So is there any advantage in the government guarantee over that offered by title insurance?
@peter-lothian If it is voluntary, what's the benefit?
Usually it is given as being increased certainty in title and thus a reduction in dealing costs.
Sounds like that is not the case here.
So is there any advantage in the government guarantee over that offered by title insurance?
Yes, the advantage is in that the government guarantee does not involve any further costs for subsequent owners. The title is absolute and protected against claims for adverse possession and prescriptive easement. Also, old easements not found during the title search and court hearings to try the title are unenforceable after registration. The surveys are usually of high reliability since they've been reviewed and checked by the Land Court Survey Department. In addition to the survey plan, we have to submit coordinate lists, traverse closure calcs, lot closure calcs, etc.
Additional costs come in when subdividing. The new survey has to adhere to the current Land Court Survey Standards and goes through the same rigorous checking as an original petition survey. It can get pretty tedious when working on a subdivision where part of the land is registered and part is not.
Out of curiosity what would you say the percentage of land registered is?
I have heard that 15-20% of the land in Massachusetts is "Land Court" registered.
Most land that has gone thru the Land Court process had issues with title and or boundary line definition.
The Land Court settles the issues and the land begins a new life with clear title and defined boundary lines.
When performing research is there a separate index/office to look through or is there a new deed saying its registered?
There is a new deed and Certificate of Title. The certificate # is what is generally referred to, and will reference the (new) Land Court Plan number.
The plan work required of the surveyor is pretty controlled and detailed, including a plan copy with traverse information (in red ink), and ties to other (near-by) Land Court plans.
After all of the title work and plan details are worked out, the Land Court drafts a new plan on legal size paper that becomes the plan of record.
And the new paperwork and plans are in a seperate office.
Our county Registry of Deeds has an area for Registered Land - Land Court records and plans
and a seperate area for Recorded Land - "regular" deeds and plans