TITLE RECORDS AND EVIDENCE OF TITLE ► CHAPTER 11 © 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