Registered vs. Recorded Land
Do you understand the difference between registered vs. recorded land? If you have experience dealing with real estate in Massachusetts, then you may have heard of the terms. The most obvious difference between the two is that registered land is indexed with a certificate and document number. Whereas recorded land is indexed with a book and page. However, the differences between the two are much more significant than the way they are indexed.
Recorded Land
Recorded Land is handled by the local county’s registry of deeds. An employee of the registry will review the document only to ensure it meets the minimum requirements. This is as simple as ensuring that all signatures have been notarized and the document conforms with basic formatting requirements. There is no check by the registry to ensure that the document has any legal effect. They do not check for encumbrances or liens on the property, or for clouds on title. This is why title insurance is so important when owning recorded land.
Registered Land
Registered Land is handled by the adjunct Land Court department of the local county, with the main offices and courthouse located in Boston. In order for property ownership to be registered land, it must have been put before the Land Court at some time, with an order and decree being issued by the Land Court regarding the ownership and/or boundary lines of the property in question. Once this has occurred, subsequent documents affecting title to the property will have to be registered with the appropriate adjunct Land Court department.
Therefore, whenever a subsequent document affecting title to the property, such as a deed, is filed with the Land Court, the Land Court conducts an exhaustive title search before approving and registering the new document. This ensures that title is essentially “court approved” for as long as the title remains registered.
