[MassHistPres] Hardship question

[Susan Bragdon]

Yes, I do title searches.  Doesn't usually show up in a chain of title.
Goes back to the law Caveat Emptor...let the buyer beware.  It is the buyers
responsibility.  I find it difficult to believe that they did not know or
their realtor or lawyer closing the transaction.

Susan Bragdon
Marblehead Old & Historics Districts Commission.


-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Wednesday, January 10, 2007 5:27 PM
To: MHC listserve
Subject: Re: [MassHistPres] Hardship question


Listed with respect to the LHD?


Shouldn't it have shown up in a title search for a mortgage?

Shouldn't they have spotted it though the filed map and lest of  
street addresses, regardless of the misspelling?

Does this make sense?  Anyone out there do chains of title?


Dennis de Witt


On Jan 10, 2007, at 5:15 PM, KChase at ci.somerville.ma.us wrote:

> An Application (for Hardship?) has come into the Commission for
> replacement
> windows.  The owner bought the house in 1996 and claimed that he  
> did not
> know that the property was listed as an an LHD until his contractor  
> went in
> to pull a permit.  Staff investigation of the Registry of Deeds  
> website has
> shown that the property was listed under a misspelling of the original
> owner's name and therefore may not have been findable by the  
> current owner
> or his agent.
>
> Does this constitute a "hardship" that is applicable to a particular 
> property as defined by Chris Skelly's e-mail of November 2004?
>
> "Under the Massachusetts General Law, the granting of a certificate of 
> hardship will be based on "conditions especially affecting the
> building or
> structure involved, but not affecting the historic district  
> generally."  In
> other words, the hardship must be unique to the applicant's  
> property and
> affect it in a particular manner. It cannot constitute a condition  
> which
> generally afflicts other property within the district.  For  
> instance, a fire
> escape may be essential on a particular building in order to keep the
> building up to fire safety codes.  That would be a specific condition
> affecting a particular building and might warrant the granting of a
> certificate of hardship.  A certificate of hardship for vinyl  
> siding is not
> a specific condition affecting a particular building.  All the  
> buildings in
> the district have the same condition - they all need protection  
> from the
> weather and vinyl siding is inappropriate on all buildings found in  
> the
> district."
>
> Thanks,
>
> Kristi Chase
> Preservation Planner
> Historic Preservation Commission
> City Hall
> 93 Highland Avenue
> Somerville, MA  02143
>
> 617-625-6600 x2500
>
> ******************************
> For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO  
> THE WHOLE LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
******************************
For administrative questions regarding this list, please contact
Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE WHOLE
LIST.  
MassHistPres mailing list
MassHistPres at cs.umb.edu
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
********************************