Legal Question in Real Estate Law in Massachusetts

Someone quitclaimed my land

A piece of land which was taking for taxes in 1945 was then redeemed by an individual which sold the property in 1987, at which time the former owners family put a quitclaim deed on the property. In 1991 the property was sold with a clean title to another party from the redeemer. The new owner is now trying to sell the land and had another title search done which also comes back clean from a different attorney. The neighbors who put the quitclaim deed on the property in 1987 is telling each prospective buyer that they own the property and as soon as they start building, they will take them to land court, scaring off every potential buyer, because even though they are told they dont have a leg to stand on in land court, no builder wants to get tied up for a year in land court and sit on the money out of pocket. What is the best course of action to make this land saleable and get the neighbors out of the picture?


Asked on 7/13/06, 10:28 am

4 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Someone quitclaimed my land

If there is a quit claim on the property then the chain is unclean. You may be required to go to court and file a complaint to clear title. If you have any questions, you can contact me.

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Answered on 7/13/06, 10:39 am

Re: Someone quitclaimed my land

If there is a quitclaim deed in the chain of title, then you may have to go to court to clear title. If you have title insurance you should contact the insurance company.

I would start with having your attorney review the titles and contact the title insurer. Once he is convinced there is no title problem, he can contact the neighbors with a cease and desist letter. Otherwise, you will need to go to court to clear title.

Please feel free to contact me.

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Answered on 7/13/06, 11:18 am
Joseph Murray Joseph M. Murray, Esq.

Re: Someone quitclaimed my land

Retain an attorney to file a complaint in the Land Court to clear the title. Good Luck!

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Answered on 7/13/06, 3:50 pm

Re: Someone quitclaimed my land

The owner of a piece of land whose title is wrongfully interfered with has remedies available, including a slander of title action. Please contact me if you would like our firm to represent you in the matter.

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Answered on 7/13/06, 6:46 pm


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