Tuesday, January 14, 2014

Land Court & Condominiums, c.1972

I came across a memo dated December 8, 1972 from Margaret M. Daly, Recorder of the Land Court, to all Assistant Recorders of the Land Court (i.e., Registers of Deeds) explaining the process for handling condominiums in registered land.  Here's part of what the memo said:

  1. All condominium documents are numbered in the usual way as registered documents.
  2. The Registry thereupon issues a Master Condominium Certificate of Title, which he numbers with the prefix "C."  The first condominium in a district is C-1, the second C-2 and so on.  These certificates are kept each in a separate book together with all memoranda of unit ownership so that a Title Examiner will find all certificates and memoranda relating to any on one condominium in one book. . . .
  3. The first deed out of each unit must, before registration, be approved by the Deputy Recorder of Chief Title Examiner.  It must have attached the plans required by Section 9, with the "as built" certification.
  4. Upon the registration of a unit deed a Memorandum of Unit Ownership is issued by the local Registry District.  It is numbered with the prefix of the particular condominium and a serial number.  For example C1-1; C1-2 and so on.
  5. An owners duplicate IS issued to the unit owner.  He can then convey, mortgage and so on just as any other owner.  For voluntary transactions, he must present his owners duplicate memorandum, in the event of loss or death, and so on.
  6. Every document is noted on two encumbrance sheets. (1) The encumbrance sheet of the Master Certificate; and (2) The encumbrance sheet of the unit ownership memorandum to which it relates.
Things have certainly changed.  There is no more Owners Duplicate Certificate of Title.  Plus, the registered land certificate system in place when I arrived here did not have a separate book for each condominium.  Instead, there are three separate sets of books, two involving condominiums.  The "C" Certificate books hold only condominium master deed certificates.  The "U" Certificate books hold certificates of title for individual condominium units.  The third set of books contain all non-condominium certificates.  The C and U books contain the certificates in the order they are received and are not grouped by separate condo developments.

No comments: