Legal Question in Real Estate Law in Massachusetts

land deeded and registrered to me....now other family members want me to leave.

Once a property has been deeded from one to another, and is then registered in the registry of deeds, how solid is this ? I am residing in a property that has been deeded and documented to me.(was my grandmothers home until she passed), family members have since decided that, the property is worth more than we originally agreed. they were to be payed once new home on same property is built. We had a home inspection done, it failed every thing. Far worse than we even thought. Septic failed, post beetle damage, roof needs to be replaced, the well needs to be replaced,espestice shingles under vinyl siding, all plumbing would need to be replaced as would the electrical. on and on and on... so in a situation like this is the seller responsible to do anything?


Asked on 10/20/00, 4:24 pm

2 Answers from Attorneys

Re: land deeded and registrered to me....now other family members want me to le

The recorded or registered deed is, as a rule, VERY solid.

Is it recorded or registered? E-mail me the address and I can check online public records to confirm for you.

While the deed is solid, the sellers can generally come back with some arguments that your agreement involved a shifting price or some major assumption overlooked. My first comment, without having heard their side, is this: those arguments are pretty weak generally and are probably defeated by a VERY old principle of law that governs real estate sales. But you need to have a lawyer look over your deed and give you a new opinion, probably. If you have a copy, you can fax it to me at (617) 527-1763 and then e-mail me a day later to follow up.

While their case for more money out of you seems at first glance weak, there's also the stark reality that you would have pay a lawyer to defend even a weak lawsuit, so some (small!) compromise in the long run is always a good goal. But don't offer a penny without a lawyer involved to negotiate even that for you, or at least to advise you how to couch the offer on your own.

Are you the same person whose father's brothers signed the deed and then wanted to kick you out?

Anyway, it also sounds like you have a lot of good arguments about the condition of the premises which would help support your argument that you got it at a fair price, not at too low a price. That's good, but keep all that in perspective. With few exceptions, sellers are not required to make repairs prior to selling property. Who was the seller, your grandma?

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Answered on 11/15/00, 1:27 pm
Michael Baldassarre Law Office of Michael J. Baldassarre

Re: land deeded and registrered to me....now other family members want me to le

I need to see the deed and discuss the terms of the deal with you in order to give you an in formed answer.

If you are in the north shore area and would like to discuss this matter further please feel free to call.

(978) 465-5158

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Answered on 11/18/00, 1:08 pm


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