Thursday, January 20, 2005

Clarifications Forthcoming

Two recording-related areas have created some confusion recently: multiple documents and subdivision plans. We are working on clarifying our policies regarding both. I've written about multiple documents in the recent past, so I'll try not to repeat myself. The latest question arose over a document that appointed a successor trustee and then had the successor trustee sign to indicate he accepted the appointment. Is that a single document or is it two? Because I tend to come down on the side of charging customers the less rather than more, my preference is to treat it as a single document, to index it that way, and charge the fee for a single document. I'm trying to compile a list of all document types that could possibly be seen as "multiple documents." Once we have our list, I will post it in a way that will clearly indicate how the document is to be handled here. That should help our users correctly calculate the recording fees due. The other area we hope to clarify are the requirements for recording plans. Several areas of Massachusetts law, especially chapter 41 (subdivision control law) are quite explicit in telling registers of deeds what plans can and cannot be recorded. While I think we are substantially in compliance with the requirements of the law, we are reviewing our procedures to ensure complete compliance. Once we have finished our analysis, we will produce a document that states the various requirements. That document will be made available to all of our users. This may also mean that subdivision plans that have previously been accepted for recording under our liberal reading of the rules might, in the future, be rejected for noncompliance. But, as I said, we will keep you posted.

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