Legal Question in Real Estate Law in Massachusetts

The first thing you need to determine is how large is the lot which was conveyed to you. There are several ways to determine this:

1. Look at the Plot Plan which was obtained at the time you purchased the home. The closing attorney should have a copy of the Plot Plan in his file.

2. Look at the subdivision plan where the lot was defined originally, which should be listed as part of the original deed.

3. Get a copy of the Seller's deed, the deed which the Seller received from his Seller.

4. Look at the appraisal used by the lender and how comparisons were selected. The lot size should be listed in the appraisal.

If the deed is wrong, it can be corrected as a scribners error. If the deed is correct, you own a buildable lot which you can sell.

You need to determine if you in fact own 80,000 sq ft and can sell a buildable lot.

I suspect the P&S is wrong the deed is correct, but someone has to check it. If you would like some assistance, please call me. Once it is determined whether you own a buildable lot or not, the issue can be resolved with the Town and your deed should be corrected.

Also, did you get Owner's Title insurance? if you did some of the cost, if there was a mistake you do not own a buildable lot may be covered by Owner's title insurance.

I know I did not answer your question as asked. However, until you determine what the real mistake is and if it needs correction, then I may be able to answer the question.

If you are indeed the owner of an additional buildable lot, then congratulations; property taxes are a small price to pay for this windfall. However, you will need to confirm that you are in fact the lawful owner and that the seller had the authority to convey the land. As a general rule, the deed will control the transaction unless it is clearly erroneous.

Please contact our office if you would like our assistance.