This information is not subject to future dispute. This can provide some peace of mind to buyers. A majority of real estate in Massachusetts is recorded land, rather than registered land. Recorded land records are filed with the Registry of Deeds. Although the Registry does ensure that documents are formatted properly, there is no additional oversight on the records. They are not guaranteed in any way and are therefore more prone to errors.
It is important and best practice to always run a title search and a run down on said properties prior to recording any documents. Registered Land recordings are distinguished by Document Number and a Certificate of Title Number the certificate will describe the property and note any encumbrances or rights affecting the property.
This system is more complex and is a division that is part of the Land Court. Registered Land is an adjunct of the Land Court and has a main office located in Boston. Generally, Registered Land is land which, at some point in time, had been the subject of an ownership or boundary dispute.
Once the Land Court renders a decision as to the ownership or boundary lines of real property, those issues cannot be disputed again as they relate to that property. Subsequent documents affecting the property in question have to be registered with the appropriate registry district. Registration of title will occur when the Land Court, after having the title exhaustively searched by a court-appointed examiner, and after due process is afforded to all interested parties, the court reviews and then adjudicates and decrees the state of the title.
As the current state of title is sequentially updated by the registration of future transactions, it embodies a certificate of title that not only evidences title, but in fact guarantees title and is subject only to the exceptions provided by statute and matters of federal law.
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