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  1. #1
    Join Date
    Jun 2014
    Posts
    5

    Default What to Do if You Find an Error on a Deed

    My question involves real estate located in the State of: Massachusetts
    While doing some research on the history of our home I located a deed dating back to 1894 that shows a different property dimension than our current deed. This deed actually lists the lot dimensions as 122 ft by 234 ft. The next property transfer occurs in 1900 and shows the property dimensions as 122 by 260. Every deed after that, right up to 1999, lists the dimensions as 122 by 260. Do I need to make a correction at this point? Does the fact that it was conveyed multiple times with a different dimension have any bearing?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discovered Deed Error

    what you describe is not necessarily an error. A series of deeds are not necessarily going to transfer the exact same thing in each of them. What might have happened in your situation is the owner in 1894 acquired a strip 122 X 26 feet and tagged it onto the lot he owned. That may have been a road dedication that was vacated or he acquired the strip from the adjacent lot somehow..

    what needs to be done is your lot and how it might have changed size between 1894 and 1900 need to be researched.

    have you looked at the adjacent lot's deeds for that period of time?

    any idea if there was a road originally scheduled to run along the lot?

  3. #3
    Join Date
    Jun 2014
    Posts
    5

    Default Re: Discovered Deed Error

    I have looked at the adjacent lot but the dimensions are not as easy to figure out , angles and such. Subsequent deeds are quitclaim with out any dimensions. There wasn't a road back there but I will continue to research and see what I can come up with. I've hired a surveyor as well to help figure all this out. Just wondering if what a purchased is really what I own.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discovered Deed Error

    You own what it says on the deed generally. If it has been this way for over a century, it is likely it is supposed to be this way. A surveyor is a good person to contact regarding this. Make certain they are aware of your concern for this issue so they can be certain they address it. There are surveys and then there are surveys.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Discovered Deed Error

    Just wondering if what a purchased is really what I own.
    Most likely.

    Is there some reason that you have identified this as an issue and hired a surveyor?

    The discrepancy can be due to a variety of factors. Does one or the other end of the "long" dimension of the lot adjoin a road or watercourse?

    The difference if enough that you could go out with a carpenter's 25' tape and see if your opinion of your current boundary favors one description or the other. In fact, I would be surprised if you had not already done that.

    Surveyors in your state are subject to rigorous licensing requirements so I would not worry about the ability of the surveyor to resolve the problem.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Discovered Deed Error

    The other thing that came to mind is the change may have been a correction at the time of the 1900 deed.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Discovered Deed Error

    Do you have owner's title insurance? If so, I'd not be too concerned. If an issue subsequently occurs, the title report that the insurer provided is what they will defend. If you wish to make sure independent of any adverse action against you, Mr. LandSurveyor above is right. For historical issues, like this (other than marking what the current deed says on the property) you need one like him with specific expertise. Not all surveyors are equal. It always behooves you to make sure they have experience with the particular issue (and I'd recommend getting references).

  8. #8
    Join Date
    Jun 2014
    Posts
    5

    Default Re: Discovered Deed Error

    We hired a surveyor because a survey has not been done on the property for many years. Just want to make sure it's all resolved before I pass the property onto my children.

    - - - Updated - - -

    A survey has not been done n the property for many years so it really needs to be done. I want to make sure we know exactly what we are dealing with before I pass the property onto the kids.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discovered Deed Error

    Quote Quoting Rand88
    View Post
    We hired a surveyor because a survey has not been done on the property for many years. Just want to make sure it's all resolved before I pass the property onto my children.

    - - - Updated - - -

    A survey has not been done n the property for many years so it really needs to be done. I want to make sure we know exactly what we are dealing with before I pass the property onto the kids.
    so you have already had the property surveyed? What did the surveyor say of the difference between the 1894 deed and the 1900 deed?

  10. #10
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Discovered Deed Error

    This link is good reading to understand how boundaries and areas can change over time. It is from the UK but the principles are the same.

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