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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116707
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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For a Massachusetts-registered attorney familiar with the

Customer Question

For a Massachusetts-registered attorney familiar with the Land Court.
Question: what is the statute of limitations and when does it start?
Under new rule MASS General Law c 244, Section 15, I believe the statute of limitations is 3 years. Is that from when I knew or should have known? A lengthy paper on Laches by Gail Heriot of Brigham Young University cites several interesting cases on when a client should have known. May I send this? Thank you.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 10 months ago.

The 3 year date on the fact that it is conclusive evidence is from date the affidavit is recorded, not from when it should have reasonably been discovered. The statute explicitly says that the affidavit shall be deemed conclusive evidence if it has been at least 3 years from date it was recorded, unless of course you have a challenge that is commenced in accordance with Subsection d.

The statute does not state it is 3 years from date party knew or should have known, it says 3 years from date of recording, which is much more specific and concrete of a date to pinpoint.

Customer: replied 10 months ago.
Thank you.
And what about the discovery rule?
Please see 2 page attachment, especially second page. Thanks you, Bob Gambee
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

The issue is that the discovery rule would not apply in this type of situation where the statute specifically says it is 3 years from recording, since recording is a public act. The case you provided even says that the discovery rule depends on the case. This is not generally the type of case the discovery rule would apply to because the law itself specifically sets it 3 years from when it was recorded in the public records.

Customer: replied 10 months ago.
Thank you. However under Mass General Law 244, the recording was improper and unlawful.
Please see the copy of the rule I sent--I believe it is the next to last page.
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

IF the recording was improper and unlawful, then you would have to argue that as basis for the 3 year rule not applying, since an improper or unlawful recording is deemed to not have been recorded at all.

Customer: replied 10 months ago.
Thank you. That is EXACTLY what I shall argue. Now to find the right Boston real estate attorney to guide me. Thoughts always welcome. Kind regards,
Bob Gambee
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
We cannot make personal referrals, but there are plenty of real estate attorneys in Boston and the Boston Bar Association has a pretty good lawyer referral service or you can use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com

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