No subject

Tue Oct 27 07:32:57 EDT 2009

unreasonable. Title searches turn up far more obscure things. Perhaps
they should search for preservation restrictions in the form of local
historic districts, and if not found, the insurance would pay claims
filed by local governmental bodies when the owners were not made aware
of the encumberance, and found to not be in compliance with the
restriction even if this is due to their own actions. Particularly since
this encumbrance is relatively easy to find. 

Ralph Slate
Springfield, MA

>It is a requirement for an LHD plan to be filed in the courthouse,
otherwise the
>LHD is not enforceable. And it was my impression that there are
reference
>indexes for filed plans identifying the affected properties or streets.
Thus, a
>diligent title examiner would look for any filed plans possibly
affecting the
>property and would therefore make the connection to the LHD. That has
been my
>experience re properties I have researched in several Mass. counties.
Can
>someone with title examining experience speak to that point?
>
>
>Dennis De Witt
>
>
>
>
>On Feb 2, 2010, at 10:28 AM, Chris Skelly wrote:
>
>
>Ralph,
> 
>I wouldn't expect a title exam to determine whether a local historic
district
>exists. 
> 
>Like zoning, subdivision control, demolition delay, wetlands protection
and so
>on, local historic districts are not recorded at the registry of deeds
by each
>property owner's name so a title exam researching a chain of ownership
isn't
>going to discover the establishment of a local historic district. 
> 
>Ultimately, it is up to the buyer to research municipal regulations at
the
>appropriate city or town hall. 
> 
>Of course, we'd all like to avoid any surprises so I encourage plenty
of public
>education to homeowners, outreach to the real estate community and
entering
>local historic district signage at all major entrances. There is
nothing like
>some well-designed signage to let everyone know they are entering a
local
>historic district. Chris.
>Christopher C. Skelly 
>Director of Local Government Programs 
>Massachusetts Historical Commission 
>220 Morrissey Boulevard, Boston, MA 02125 
>Ph: (617) 727-8470 / Fax: (617) 727-5128 
>Christopher.Skelly at state.ma.us 
>http://www.sec.state.ma.us/mhc/mhcidx.htm 
>*******Stay Informed on Historic Preservation Topics by joining the
MassHistPres
>Email List. Visit
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres for
>more information. ******MHC offers regional training workshops to local
>historical commissions and historic district commission members on a
variety of
>topics. ******The MHC has a new 50 minute DVD for Local Historical
Commissions.
>******The Local Preservation Update is MHC's new bi-weekly
e-newsletter. For
>more information on any of the above, please contact me. 
>-----Original Message-----
>From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu]
>On Behalf Of slater at alum.rpi.edu
>Sent: Monday, February 01, 2010 12:50 PM
>To: masshistpres at cs.umb.edu
>Subject: [MassHistPres] Title insurance & historic disclosure
>
>=== message truncated === 

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Title searches are supposed to find more than just what is in the registry of deeds. A title search company is supposed to examine state, county, and local records to find defects in title, restrictions, and encumberances. Title insurance is supposed to cover the instances where such instances are not found, defend against the claim, and pay if the claim is valid.<br>

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