I have a question or two about filing of a Quiet Title action. Is the procedure a bit like a land confirmation where you have to alert current abutters and take an ad in a local paper looking for historic owners if you discover that there may be a part of your deeded measurements that historically may be owned by someone else? In other words, if there is a large gap in your parcel that is apparently outside of your predessecor in title's land but you have been functioning under a deed that gave this to you can you Quiet Title by filing with the Court and alerting folks of your claim?
State/Country relating to question: Massachusetts
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.Here is the statute on a Quiet Title actionSection 1. If the record title of land is clouded by an adverse claim, or by the possibility thereof, a person in possession of such land claiming an estate of Freehold therein or an unexpired term of not less than ten years, and a person who by force of the covenants in a deed or otherwise may be liable in damages, if such claim should be sustained, may file a petition in the land court stating his interest, describing the land, the claims and the possible adverse claimants so far as known to him, and praying that such claimants may be summoned to show cause why they should not bring an action to try such claim. If no better description can be given, they may be described generally, as the heirs of A B or the like. Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title, or persons having separate and distinct interests in the same parcel or parcels, may join in a petition against the same supposed claimants. If the supposed claimants are residents of the commonwealth, the petition may be inserted like a declaration in a writ, and served by a copy, like a writ of original summons. Whoever is in the enjoyment of an Easement shall be held to be in possession of land within the meaning of this section. Here is the full list of the applicable statuteshttp://law.onecle.com/massachusetts/240/index.htmlI am not sure why the title to this strip was not decided in the current action but since it was not you can file a new petition in the land court with regards XXXXX XXXXX particular strip of land. Basically the answer to your question is that you are correct.
Practicing attorney with expertise in easements
I am the person you were helping with the 60B. I am meeting my neighbors on Monday to try to work out settlement. It is their land that was revealed to be triangular rather than rectangular as a result of the survey done in our Boundary Dispute that properly showed the limits of the historic parcel from which they were derived. So, they have this rather large gap between their historically derived land and the southern abutter when compared with their deeded measurements. So, I guess the Court couldn't find them owning this "gap" and at the same time rule about their eastern boundary using swing-ties from the historic parcel's NE and SW corners as it did to determine the its eastern boundary. The Court said it was adjudicating only the eastern boundary but everyone feels there is now collateral estoppel on their other boundaries by virture of how the eastern boundary was found. There is no title proof that they actually abut the property to the south since there are no reciprocal calls of abutters in either of these properties' chains. The only thing for sure is that the only definite owner is the heir of someone who died in 1853. Since I am also an abutter to this "gap" parcel, I thought one of the things I could offer them was to help them in a separate quiet title action. Can they "quiet title" if the court just ruled that their property acftually didn't go as far south as they originally thought?
Yes they can. Again, not sure why that was not added as a claim and adjudicated in the current action. However, if there is now a strip that is unclaimed, they can file a quiet title action. Normally you would bring all of your claims in one action. In other words you would ask the court to rule that the property is yours but in the alternative if the court rules against me, then you would also bring a quiet title action. lwpat41027.5752804051
The party with the problem are the defendants and they initiated no action. In fact, it is their surveyor (the one who used to be mine and then I found my land was not even locus) who opined that their land did extend further south and the Court ruled it did not. So, is there any way that they can resolve this in some answer to my 60B motion based on the surveyor's failure to disclose the release deed and given his testimony and plan for them? Or do they indeed need to file a separate action since the potential "true" owners have not been notified?
It appears that whatever party wants to claim the land in question will have to now file a quiet title action since the owner of the property was not resolved in the current action. lwpat41027.6749762384
Hi ! If we win the 60b and get a new trial, what happens to the underlying decision. In other words, can the surveyor use the Court's initial decision andcthe surveyors appsrrent victory to defend himself in the 93a? In other words , is the section voided rather than vacated?
I am not quite sure what you are asking. If the judge grants a 60b motion then the first trial is like it never happened. You start over.
The issue is regarding impact this and then the joint motion to dismiss will have on my 93a against the surveyor. If I go through with the appeal and win (always a risk even though I know I am right) , it is a clear rejection of his position and actions . Would a 60b granted based on his behavior(already brought up in motions in limine ) be perceived as outweighing the Court's preliminary decision
You stated that the 60b would be based on a document that was denied to exist and now has been discovered. That has nothing to with the surveyor's behavior. I can't define your procedure for you. If the document is significant enough to change the outcome of the original trial, then you probably need to file the 60b. I am not privy to the entire facts of the case and have no way to know how it would effect the 93a. However, it appears that this document brings into question the other party's entire case and also their credibility.
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