Massachusetts plan recording requirement
How would you interpret this requirement?
• Linen or polyester reproductions shall be accepted for recording provided they contain original signatures and comply with the other requirements for the recording of plans.
1. Does this mean that the signatures cannot be part of the copy, that they have to be affixed to the copy after it is printed? or
2. That the signatures can be part of the copy itself?
In my opinion it's a copy of the plat with an original signature. Not a plat that's copied with the original signature.
Hope that clears it up. 🙃
I would take it to mean that in order for the plan to be recorded, it must be on linen or mylar, have original regulatory endorsement (planning board, etc), original license stamp (PLS, PE, RS, etc.), possibly Town Clerk endorsement.
Good luck getting linen, I don't believe that the company that made the linen is in business any longer and linen won't take plotter ink anyway (or at least it didn't 20 years ago when I last tried to plot on it).
Hopefully this helps
I'd assume they're just looking for an original signature but I always call. I'm batting about .100 when it comes to guessing the intention of any of the registrars down here in NC.
Peter, I am not sure what type of plan you have
I did a lot of street discontinuances and layouts, town and county. I needed to record county layouts with the County Clerk, Town Clerk, and the Registry of Deeds. Town layouts were recorded with the Town Clerk and Registry of Deeds. I would prepare as many copies as needed. Not really copies as all were plotted not copied. I would then walk the copies to each entity needing to sign the plans. All endorsements and my seal and signature were original (wet stamp). If necessary, I would include a "True Copy Attest" statement for the County or Town Clerk to sign attesting it was a true copy of the original.
Also 250 CMR requires each sheet to be stamped.
250 CMR 5.03 (15)
(15) A Registrant shall sign, date and seal instruments of service prepared by the Registrant, when those documents are filed with public authorities. If the Instrument of Service is a set of printed plans, each sheet must be individually signed and sealed and appropriately dated, unless otherwise authorized by statute.
The only time I never wet stamped a plan was when I used my digital signature on a PDF, but those were never recorded.
So far, the interpretations are 100% consistent with what I have always thought.
I got a phone call from a guy looking to have somebody print out on mylar a plan that he had a digital copy of. He claimed that the registry of deeds (I'm not sure which one) told him they would accept a copy on mylar. Digging deeper (give him points for honesty) I found out the plan was done in 2016 by a survey company no longer in business. The company that now owned the records and original plan with planning board signatures would not sell him the plan since he was not the original client. The original client was not interested in negotiating for the release of the plan. I told my caller the likely scenario was that the survey was never paid for, thus the plan was not released. I told him I would not help him.
He could go to the local Fed Ex office here; they would print it for him. I wouldn't tell him that if it was me, but it would cost him almost nothing.
