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Email
kanderson@andersonsurveys.com

Phone: 781-293-3349
Fax: 781-293-0323

 

 

Land Court Surveys

Land Court Surveys are a unique type of survey that should only be performed in limited circumstances. Massachusetts has a division of the Superior Court System called the Massachusetts Land Court. This court rules only on issues that affect real property (land), title issues and zoning issues. The court also has its own list or requirements for what it wants shown on survey plans, the way the survey is to be performed, degree of accuracy and type of media the plan is to be drawn on for presentation to the Court. After the Land Court Survey has been prepared the plan is submitted to the court for approval. Often times the surveyor who prepared the Land Court Survey must meet several times with the Court’s surveyors to revise change and make additions to the surveys. This can be a lengthy process and the Land Court always has a back log of cases. After a trial the Land Court will issue a court order that defines the property lines and the Court Survey department will redraft the submitted plan and issue a Decree Plan that conforms to the Land Court Order. From that point on the Commonwealth of Massachusetts guarantees the title to the property, except in certain instances. Once the title to the property has been registered with the Land Court, the property is protected against any claim of adverse possession. One of the drawbacks to having a Land Court Survey is that the Land Court does not guarantee the physical location of the property. If the monuments that define the location of the property are destroyed, the owner must pay to have a supplemental Land Court Survey performed to relocate the property lines. The other drawback is that you must deal with the Commonwealth bureaucracy. Unless there is a problem that can only be resolved by a court decree, we generally do not advise a client to have a Land Court Survey performed.

 

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