Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for choosing to stay current in the area of real estate title law with this new edition of Real Estate Title Practice in Massachusetts Inside, find material on the following topics and more:

  • Derelict fee. See chapter 2 for a cite to a 2023 case that applies the derelict fee statute to registered land.

  • Easements by express grant. Chapter 6 cites a 2023 case in which a question arose as to whether a dominant estate may use a right-of-way itself for recreation or usual beach activities. The use of particular phrases in a granting instrument was at issue.

  • Nominee trust. Chapter 7 adds an explanation regarding the use of a limited liability company membership interest as an intangible asset.

  • Binding "offers". See chapter 8 for a 2024 case where the striking of language by the seller in the buyer's offer to purchase amounted to a counteroffer.

  • Late and limited filings. Citing a 2020 decision and a REBA title standard, chapter 9 adds a practice note regarding the use of late and limited filings that specifies what they are not to be used for.

  • Actions by creditors of the decedent; "lifetime liens". Chapter 9 cites a 2023 decision restricting enforcement of MassHealth liens placed against property during a Medicaid recipient's lifetime, determining such liens to be unenforceable after the recipient's death.

  • Public dedication doctrine. See chapter 12 for discussion of the recognition of a form of appropriation of private land, and a 2024 Superior Court decision as to whether formalities and a written dedication is needed.

  • Takings; unconstitutional conditions. Chapter 12 also adds a new discussion of a narrow category of takings arising in the permitting process under the "unconstitutional conditions doctrine." A 2023 case is cited.

  • Foreclosure and the Takings Clause. Chapter 14 discusses the U.S. Supreme Court's unanimous 2023 decision holding that a state's tax foreclosure laws violated the Fifth Amendment's Takings Clause. Significant implications for Massachusetts municipal tax foreclosure law are addressed.

  We at MCLE trust that you will find this new material useful in your practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

The Beginnings of Property Law in Massachusetts

Buy Chapter

Phillip J. Nexon, Esq.,

Exhibit 1A

- Plimouth Great Book of Deeds Buy Form

Exhibit 1B

- The Sprightly Septuagenarian Buy Form

Chapter 02 expand

Title Examination

Buy Chapter

Joel A. Stein, Esq., Law Office of Joel A. Stein

Checklist 2.1

- Checklist for Examining an Unregistered Land Title Buy Form

Checklist 2.2

- Checklist for Assembling the Abstract Buy Form

Checklist 2.3

- Checklist for Examining a Registered Land Title Buy Form

Checklist 2.4

- Foreclosure Checklist Buy Form

Exhibit 2A

- REBA Handbook of Standards & Forms Buy Form

Exhibit 2B

- Apostille Model Buy Form

Exhibit 2C

- Massachusetts Deed Indexing Standards, Appendix A Buy Form

Exhibit 2D

- A Guide for the Use of REBA Forms 60A–62C Buy Form

Exhibit 2E

- Probate and Family Court Heirs Charts Buy Form

Exhibit 2F

- REBA Title Standard No. 68 Buy Form

Chapter 03 expand

Real Estate Descriptions and Surveys

Buy Chapter

Mary L. Cataudella, Esq., Touchstone Closing & Escrow LLC & Touchstone Law Offices
Lawrence P. Heffernan, Esq., Robinson+ Cole LLP

Exhibit 3A

- Example Parcel Survey Buy Form

Exhibit 3B

- Conversion Table Buy Form

Exhibit 3C

- Explanatory Sketch and Table Buy Form

Exhibit 3D

- Code of Abbreviations Buy Form

Exhibit 3E

- Accuracy Standards for ALTA/NSPS Land Title Surveys Buy Form

Exhibit 3F

- Manual of Instructions for the Survey of Lands and Preparation of Plans: December 16, 2019 Buy Form

Exhibit 3G

- Abbreviations in a Survey Buy Form

Chapter 04 expand

Title Insurance Basics

Buy Chapter

Lynne Murphy Breen, Esq., First American Title

Exhibit 4A

- ALTA Owner’s Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 4AA

- Chart: Castle Enhanced and ALTA Policies Compared Buy Form

Exhibit 4B

- Owner’s Policy of Title Insurance Buy Form

Exhibit 4BB

- Castle Enhanced Coverage Owner’s Policy Jacket Buy Form

Exhibit 4C

- ALTA Loan Policy Jacket (2021 Form with Redline Changes from 2006 Form) Buy Form

Exhibit 4CC

- Castle Enhanced Coverage Loan Policy Jacket Buy Form

Exhibit 4D

- Loan Policy of Title Insurance Buy Form

Exhibit 4DD

- ALTA 19 Series Endorsements Buy Form

Exhibit 4E

- Schedules A and B for Owners and Lenders Buy Form

Exhibit 4EE

- ALTA 3 Series Endorsements Buy Form

Exhibit 4F

- Property Description Sheet Buy Form

Exhibit 4FF

- ALTA 17 Series Endorsements Buy Form

Exhibit 4G

- Secondary Mortgage Market Endorsement Buy Form

Exhibit 4GG

- ALTA 9 Series Endorsements Buy Form

Exhibit 4H

- ALTA Endorsement Form 9 Buy Form

Exhibit 4I

- ALTA Endorsement Form 8.1 Buy Form

Exhibit 4J

- ALTA Endorsement Form 7 Buy Form

Exhibit 4K

- ALTA Endorsement Form 6 Buy Form

Exhibit 4L

- ALTA Endorsement Form 6.2 Buy Form

Exhibit 4M

- ALTA Endorsement Form 5 Buy Form

Exhibit 4N

- ALTA Endorsement Form 4.1 Buy Form

Exhibit 4O

- Master Endorsement Buy Form

Exhibit 4P

- “Date Down” Endorsement Buy Form

Exhibit 4Q

- Residential Limited Coverage Policy Jacket Buy Form

Exhibit 4R

- Notice of Availability of Owner’s Title Insurance Buy Form

Exhibit 4S

- ALTA Commitment for Title Insurance (2021 Form with Redline Changes from 2016 Form) Buy Form

Exhibit 4T

- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy Form

Exhibit 4U

- Survey Affidavit Buy Form

Exhibit 4V

- Surveyor’s Report Form Buy Form

Exhibit 4W

- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy Form

Exhibit 4X

- ALTA Homeowner’s Policy of Title Insurance (2021 Form with Redline Changes from 2013 Form) Buy Form

Exhibit 4Y

- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy Form

Exhibit 4Z

- Summary of Castle Enhanced Coverage Policies for One-to-Four Family Residences Buy Form

Chapter 05 expand

Deeds

Buy Chapter

Bruce H. Bagdasarian, Esq., Sheehan Phinney Bass & Green PA
Darren M. Baird, Esq., Goulston & Storrs, PC
David H. Morse, Esq.,

Exhibit 5A

- Statutory Form Warranty Deed Buy Form

Exhibit 5B

- Statutory Form Quitclaim Deed Buy Form

Exhibit 5C

- Statutory Form Release Deed Buy Form

Exhibit 5D

- Sample Deed Buy Form

Exhibit 5E

- Declaration of Homestead Buy Form

Exhibit 5F

- Declaration of Homestead for Elderly and Disabled Persons Buy Form

Chapter 06 expand

Easements and Restrictions

Buy Chapter

Justin M. Perrotta, Esq., KP Law, PC

Chapter 07 expand

Trusts

Buy Chapter

Leo J. Cushing, Esq., Cushing & Dolan, PC
Kevin F. Osorio, Esq., Cushing & Dolan, PC

Chapter 08 expand

Contracts for Purchase and Sale

Buy Chapter

Joseph P. Jannetty, Esq., Nutter McClennen & Fish LLP
Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP

Exhibit 8A

- Notice of Purchase and Sale Agreement Buy Form

Exhibit 8B

- Affidavit of Seller Under G.L. c. 183, § 5B Buy Form

Exhibit 8C

- Affidavit Buy Form

Exhibit 8D

- Proposed Form of Lis Pendens Buy Form

Exhibit 9A

- Real Estate Bar Association for Massachusetts Form 58 Buy Form

Exhibit 9B

- Real Estate Bar Association for Massachusetts Form 32 Buy Form

Chapter 09 expand

Devolution of Title by Death and by Incompetents

Buy Chapter

Pamela R. Green, Esq., Smith Green & Holmes, LLP

Chapter 10 expand

Mechanic’s Liens

Buy Chapter

Exhibit 10A

- Statement of Account Buy Form

Exhibit 10B

- Notice of Contract Buy Form

Exhibit 10C

- Notice of Contract—Design Professional Buy Form

Exhibit 10D

- Notice of Substantial Completion Buy Form

Exhibit 10E

- Notice of Termination Buy Form

Exhibit 10F

- Notice of Contract Buy Form

Exhibit 10G

- Notice of Contract—Design Professional Subcontractor Buy Form

Exhibit 10H

- Notice of Identification Buy Form

Exhibit 10I

- Partial Waiver and Subordination of Lien Buy Form

Exhibit 10J

- ALTA 32 Pending Disbursements Endorsement Modified for Massachusetts Buy Form

Exhibit 10K

- Blanket “No-Lien” Bond Buy Form

Exhibit 10L

- Target Lien Dissolution Bond Buy Form

Exhibit 10M

- Notice of Dissolution of Lien Buy Form

Chapter 11 expand

Bankruptcy

Buy Chapter

Tristan Axelrod, Brown Rudnick LLP
David A. Mawhinney, Esq., Standing Chapter 13 Trustee (Central & Western Divisions)

Exhibit 11A

- Motion for Order Authorizing and Approving Private Sale of Real Estate Free and Clear of All Liens and Encumbrances Buy Form

Exhibit 11B

- Complaint by Trustee to Sell Real Property Pursuant to Bankruptcy Code § 363(h) Buy Form

Exhibit 11C

- Official Form Notices of Sale—Massachusetts Local Bankruptcy Rules Buy Form

Exhibit 11D

- Form of Bid Procedures Buy Form

Exhibit 11E

- Motion for Order Approving Breakup Fee, Overbid Provisions and Form of Notice of Sale Buy Form

Exhibit 11F

- Order Authorizing and Approving Private Sale of Real Estate Free and Clear of All Liens and Encumbrances Buy Form

Exhibit 11G

- Trustee’s Release Deed Buy Form

Exhibit 11H

- Notice of Abandonment Buy Form

Exhibit 11I

- Motion by Bank and Trust Company, N.A. for Relief from Stay (with Certificate of Prerelief Conference and Real Estate Worksheet) Buy Form

Exhibit 11J

- Order on Motion by Bank and Trust Company, N.A. for Relief from Stay Buy Form

Exhibit 11K

- Notice of Intent to Assume and Assign Real Estate Lease Buy Form

Exhibit 11L

- Motion for Assumption and Assignment of Real Estate Lease Buy Form

Exhibit 11M

- Consent to Assumption of Lease Buy Form

Chapter 12 expand

Eminent Domain

Buy Chapter

Kate Barry, Greenberg Traurig LLP
James D. Masterman, Esq., Greenberg Traurig LLP
James P. Ponsetto, Esq., Greenberg Traurig LLP

Exhibit 12A

- Complaint and Jury Claim Buy Form

Exhibit 12B

- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant Buy Form

Exhibit 12C

- Plaintiff’s First Request for Documents Buy Form

Chapter 13 expand

Adverse Possession

Buy Chapter

Cassandra Ono Rodgers, Esq., Sheehan Phinney Bass & Green PA
Aaron D. Rosenberg, Esq., Sheehan Phinney Bass & Green PA

Chapter 14 expand

Land Court

Buy Chapter

Hon. Gordon H. Piper, Land Court, Commonwealth of Massachusetts
Hon. Lauren Reznick, Land Court, Commonwealth of Massachusetts
Diane C. Tillotson, Esq., Hemenway & Barnes LLP

Exhibit 14A

- Checklist for Reviewing Registered Land Condominiums Buy Form

Exhibit 14B

- Land Court’s Outline on Registration/Confirmation Only Buy Form

Exhibit 14C

- Land Court Form of Complaint for Registration Buy Form

Exhibit 14D

- Land Court Form of Certificate to Be Endorsed by Local Assessors Buy Form

Exhibit 14E

- Land Court Form of Certificate of Opinion Buy Form

Exhibit 14F

- Mortgagee’s Affidavit Buy Form

Exhibit 14G

- Sample Case Management Conference Notice and Order Buy Form

Exhibit 14H

- Sample Pre-Trial Conference Notice and Order Buy Form

Chapter 15 expand

Marketable Title

Buy Chapter

Sheila M. Hurley, Esq.,
Toni M. Mitchell, Esq.,

Chapter 16 expand

Foreclosure Related Issues

Buy Chapter

Francis J. Nolan, Esq., Harmon Law Offices, PC

Chapter 17 expand

Buying and Selling Dirty Property

Buy Chapter

Gregor I. McGregor, Esq., McGregor Legere & Stevens, PC

Checklist 17.1

- Checklist of Contract Provisions for Typical Land Transaction Buy Form

Checklist 17.2

- Checklist of Optional Clauses for Complicated Transaction Buy Form

Checklist 17.3

- Checklist for Indemnification Clauses Buy Form

Exhibit 17A

- Conditions for Offer to Purchase Premises with Known Contamination Buy Form

Exhibit 17B

- “Basic” Conditions for Offer Buy Form

Exhibit 17C

- Lease Provisions on Hazardous Materials Buy Form

Exhibit 17D

- “Basic” Indemnification Clause for Purchase and Sale Agreement Buy Form

Exhibit 17E

- “Intermediate” Indemnification Agreement for Execution as a Separate Contract Buy Form

Exhibit 17F

- “Advanced” Indemnification Agreement Buy Form

Exhibit 17G

- Warranties and Representations Leaking Underground Tank Cleanup Buy Form

Editor(s)

Author(s)