During a title search for a property in Cambridge, Massachusetts, an attorney discovers that a deed recorded in 1998 contains a metes and bounds description that does not close — meaning the boundaries do not form a complete perimeter. The current seller is a bona fide purchaser who bought the property in 2005 without knowledge of the defect. Which of the following best describes the impact of this defect on the current transaction?
Correct Answer
B) The defect creates a cloud on the title that must be resolved before a clear title can be conveyed, typically through a court action or corrective deed
An insufficient property description that does not close is a material title defect that creates a cloud on the title. Under Massachusetts law, a deed must contain an adequate legal description sufficient to identify the property being conveyed. A metes and bounds description that does not form a closed perimeter fails this requirement. The defect must be resolved — typically through a court action to reform the deed, a corrective deed from the original grantor (or their heirs/successors), or title insurance — before marketable title can be conveyed in the current transaction.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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