Legal Question in Real Estate Law in Massachusetts
Betterment lien
I bought a house in 2004.In 2005 I discovered there was a betterment & lien on the property. It was for a sewer line that was put in on the street in the year 2000.Is the title company who did the closing liable? , as it was fully recorded at the time and we were told nothing about it by the title company.Is this bill now ours or should it have been taken care of at closing?
Thank you.
2 Answers from Attorneys
Re: Betterment lien
The Lien should have been found by the closing attorney who should have recorded the Municipal Lien Certificate at the time.
I would contact both the attorney who handled the closing and if you have owners title insurance contact them as well. You should also look at your closing statement to see if the lien was reflected on the closing statement.
Please feel free to call me next week if you have more questions.
Re: Betterment lien
Check the title opinion from the attorney who acted as closing agent and your owners title insurance and settlement documents for any mention of this. If it was truly a recorded betterment one of them should be responsible. Ultimately it should have been the responsibility of the Seller to have paid this. Good Luck!
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