An Act to further clear titles to real property affected by technical irregularities in recorded instruments
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill aims to resolve issues with property titles in Massachusetts that stem from minor technical problems in recorded documents, such as errors in signatures or formatting. If a recorded instrument has a defect that doesn't affect its legal validity but causes problems when recorded, and that defect remains for ten years without being addressed, the instrument will be considered effective as if the defect never existed. This provision is designed to streamline property transactions and reduce legal disputes related to outdated recording practices.
Key provisions
- Instruments recorded or registered before January 1, 2027, are eligible for this clarification.
- A ten-year period after acceptance for recording or registration triggers the provision.
- Technical irregularities in recorded instruments, such as signature errors or formatting issues, are addressed.
- Instruments deemed effective despite defects will be treated as if they were originally valid.
- A court proceeding must be initiated within ten years to challenge the effectiveness of the instrument.
- Notice of the proceeding must be recorded to preserve the instrument's effectiveness.
- The law applies to various types of instruments affecting real property interests.
- The bill takes effect on January 1, 2027.
Who is affected
- Property owners
- Real estate purchasers
- Real estate attorneys
- Land registry offices
Bill text
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Sponsors
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3 on record
Primary sponsor
Joint Committee on the Judiciary
Cosponsors
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