Wednesday, June 15, 2005

What is Registered Land?

In anticipation of the expansion of our electronic recording capability, some of our distant document submitters have asked about the distinction between recorded land and registered land. (Of course the most important thing to remember is to never, never send a registered land document by the electronic recording system). The following is from the frequently asked questions portion of www.lowelldeeds.com: Massachusetts has two separate systems of recording documents related to the ownership of land. These two systems are known as recorded land and registered land. Most property is known as recorded land. With recorded land, documents are recorded in record books in the sequence we receive them, so within a book, one document will probably have nothing to do with the documents that come before it or after it within the same book. You must use the Index to find the relevant documents and interpret them for yourself - the registry of deeds does not become involved in the legal effect of these documents. Remember, that's recorded land. Registered land is quite different. With registered land the registry of deeds (operating as an office of the Massachusetts Land Court) issues a property owner a certificate of title. The certificate of title is a decree in which the Land Court declares that a particular person is the owner of a particular parcel of property and any document that effects the ownership of that parcel is annotated on the back of the certificate of title. The Commonwealth of Massachusetts guarantees title to registered land, so if a problem occurs, the state reimburses the property owner for any losses. Big problems occur when a document that effects registered land is recorded at the recorded land section of the registry of deeds and vice versa. So if you are to record a document at the registry of deeds, you must-must-must first determine whether the land in question is registered land or recorded land. Although there is no simple rule that you can follow, in most cases, a registered land document will refer to a certificate number or a certificate of title number. If you see anything like that anywhere on the document, it's probably a registered land document. If you have any questions, please ask a registry employee before you record the document.

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