[MassHistPres] Title insurance & historic disclosure

[Dennis De Witt]

Ralph

I don't understand the logic of "the insurance would pay claims filed by local governmental bodies when the owners were not made aware of the encumbrance, and found to not be in compliance with the restriction even if this is due to their own actions."

Are you saying the government should insure itself against screw ups by owners and owner's title examiners?

Seems highly improbably, to say the least -- and surely it wouldn't be title insurance within the normal meaning of the term.

Dennis De Witt


On Feb 2, 2010, at 12:47 PM, <slater at alum.rpi.edu> <slater at alum.rpi.edu> wrote:

> 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.
> 
> From what I've found in my research, I don't think this angle is 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 
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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
> >
> >=== message truncated ===
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