Legal Question in Real Estate Law in Massachusetts

Land deed description

Property deed from 1875 gives ''WEST'' as a descriptive direction but it is transposed to ''NORTH'' in a follow-up deed causing a number of future deeds to continue the error which is now causing a problem for me. The property lines are transposed accurately in my deed but the error is in several of my abutters deeds. I am not sure how to resolve the problem because they claim as their deeded right part of land deeded to me. How do I proceed to correct an error made by someone years ago which is no fault of mine? Must I absorb the loss of land? Thankyou.


Asked on 1/25/01, 8:49 pm

1 Answer from Attorneys
Charles Cobb Charles Cobb, Attorney At Law

Re: Land deed description

This is a good question and an interesting one but one that you will not get resolved through an online Q&A forum. You should get a lawyer. I say this because there may be time deadlines involved.

A person can acquire legal title from the owner of record by open hostile and notorious adverse possession lasting for 21 years. There are time deadline issues that you should ask a lawyer about without delay.

I expect this problem will cost you money to resolve - especially if your neighbors are reluctant to cooperate. It may be that a reformatory deed to correct a scriveners' error will be part of a solution. It may be that a plan is on file at the registry that will help answer some questions here.

I hope this is orienting, but you really need to hire a lawyer to get on this for you.

Best wishes

Charles W. Cobb

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Answered on 3/12/01, 9:19 am


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