THE FUNCTIONS OF LAND COURTWe’re all familiar with the terms “supreme court,” “probate court,” and even “kangaroo court.” And most of us have also heard of Land Court, but what is it, and what are its functions? In broad terms, the Land Court, an arm of the Massachusetts Trial Court, determines who owns what, and gives properties clear title. Its staff includes title examiners, an engineering department, and judges. More specifically, the Land Court’s area of jurisdiction includes handling complaints to foreclose mortgages, proceedings for foreclosure or non-payment of real estate taxes, and planning board and board of appeals decisions. Most likely though, our familiarity with this legislative body is in its capacity of clarifying title. The process of determining ownership requires examiners to trace 50-60 years of a property’s history; in some cases, title will be searched as far back as original land grants made in the 1600s. Though deeds have constituted the formal means of land transfer since the 1600s, the courts had no method of settling title disputes until the Land Registration Act was enacted in 1898. In particular, this was true on Cape Cod where today’s method of metes and bounds used to describe land was not employed until the early 1900s. Previously, vague landmarks such as stone walls, trees or roads served as boundaries. With exact boundary definitions now a prerequisite for conferring title, the Land Court frequently works to convert old deed descriptions to our present-day title designations. AMERICAN HERITAGE REALTY |
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