[MassHistPres] Title insurance & historic disclosure

[Susan Bragdon]

It is not necessarily going to be picked up thru a title examination, and
there is no requirement for notice at the Registry of Deeds.  An examiner
may find a reference on a plan or during the examination.  It is up to the
buyer and his/her attorney, and the lender's attorney,  to do the due
diligence at the local buildings and zoning departments, in the same manner
a buyer should always look at the zoning files they should always look at
the building files as well.  In addition, a good realtor would disclose this
and should.

-Susan Bragdon, Marblehead

  

 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Tuesday, February 02, 2010 11:32 AM
To: Chris Skelly
Cc: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Title insurance & historic disclosure

 

Chris

 

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 
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-----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

 

Does anyone know of any cases where title insurance has been used to
compensate a homeowner for problems stemming from a title search that did
not turn up historic district status?

Thanks,

Ralph Slate
Springfield, MA

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