Estimated study time: 45 minutes
Content:
A valid deed in Massachusetts must include a full legal description of the real property being transferred. Legal descriptions identify the exact boundaries of a parcel of land with enough precision to distinguish it from every other parcel. Massachusetts, as one of the original thirteen colonies, primarily uses the metes-and-bounds system for property descriptions. Metes-and-bounds descriptions start at a definite point of beginning (POB), proceed in a specified direction and distance along each boundary line, and close back at the POB. The description uses compass bearings (degrees, minutes, seconds of arc), linear measurements (feet, rods, chains), and monuments (iron pins, stone walls, trees, or other permanent markers).
Key measurement units used in Massachusetts legal descriptions: 1 rod = 16.5 feet; 1 chain = 66 feet (100 links); 1 acre = 43,560 square feet; 1 mile = 5,280 feet. These measurements appear in older deeds still commonly encountered in Massachusetts because much of the state's property was surveyed using colonial-era techniques. When a boundary is described using a monument (e.g., "an iron pipe set in the ground"), the monument controls over a measurement if there is a conflict — courts give priority to monuments, then courses and distances, then quantity (acreage), with the name of the grantee last. Understanding which element controls in case of conflict is a tested concept.
The rectangular survey system (government survey system), which divides land into townships and sections, is rarely used in Massachusetts but is tested on the national portion of the real estate examination. This system uses principal meridians and base lines to divide land into 6-mile-square townships, each containing 36 one-mile-square sections of 640 acres. Sections are numbered 1–36 beginning in the northeast corner, proceeding west and then east in a serpentine pattern. Sections are further divided into halves (320 acres), quarters (160 acres), and quarter-quarters (40 acres). Since Massachusetts does not use this system in practice, questions on the MA state exam focus on metes and bounds and lot-and-block systems.
The lot-and-block system (plat map system) is used in subdivisions and urban areas of Massachusetts. A developer records a subdivision plat (a recorded map) at the Registry of Deeds; thereafter, individual lots are described by their lot number and block within the recorded plat. For example: "Lot 15, Block 3, Green Acres Subdivision, as shown on the plan recorded with the Norfolk County Registry of Deeds in Plan Book 42, Page 12." Title searches in Massachusetts rely heavily on recorded plans and deeds at the Registry of Deeds. Registered land (Torrens system land) is an alternative system where the Land Court issues a Certificate of Title; transfers of registered land must be recorded and the Certificate of Title controls over all prior documents.
Key Terms:
Quiz Questions:
Q1. A metes-and-bounds description contains a conflict: the bearing calls for "N 45° E, 200 feet" but the terminal monument (an iron pin) is actually located 215 feet from the starting point. Which controls?
A) The measurement (200 feet) — distances always control over monuments B) The bearing (N 45° E) — direction always controls over monuments C) The monument (iron pin) — monuments control over courses and distances D) The acreage stated elsewhere in the deed — quantity controls in all conflicts
Answer: C — The priority rule for resolving deed conflicts places monuments first, then courses and distances, then quantity (acreage), then the grantee's name. The iron pin (monument) controls over the stated measurement.
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Q2. A Massachusetts deed describes property as "Lot 7, Block 2, Sunset Shores Subdivision, as shown on the plan recorded with the Essex County Registry of Deeds, Plan Book 18, Page 44." What type of legal description is this?
A) Metes and bounds B) Government rectangular survey C) Lot-and-block (plat map) D) Registered land description
Answer: C — A description referencing a recorded subdivision plan by lot number, block, and plan book/page is a lot-and-block description, common in Massachusetts subdivisions.
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Q3. How many acres are in the NW¼ of the SW¼ of Section 12 in a government rectangular survey?
A) 160 acres B) 40 acres C) 80 acres D) 320 acres
Answer: B — Each section = 640 acres. The SW¼ = 160 acres. The NW¼ of the SW¼ = 160 ÷ 4 = 40 acres.
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Q4. A buyer purchases land in a Massachusetts Land Court registered land area. The Certificate of Title shows no mortgages. However, a construction lender claims a mortgage was filed against the prior owner. How is this dispute resolved?
A) The mortgage holder wins — a filed mortgage always survives title transfer B) The Certificate of Title controls; the buyer's title is clear of the unregistered mortgage C) The buyer must pay off the mortgage or face foreclosure D) The Land Court must hold a new hearing before the buyer can take clear title
Answer: B — In the Massachusetts registered land (Torrens) system, the Land Court's Certificate of Title overrides all prior documents not appearing on the Certificate. The buyer obtains clear title as shown on the Certificate.
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Q5. A property description begins "Starting at an iron pin set in the ground at the northwesterly corner of the intersection of Maple Street and Elm Avenue..." and proceeds through several boundary calls before returning to the starting point. What type of description is this?
A) Lot-and-block B) Rectangular survey (government survey) C) Metes and bounds D) Informal property description
Answer: C — Beginning at a definite point (iron pin) and proceeding through compass directions, distances, and monuments before closing at the starting point is a metes-and-bounds description, the primary system used in Massachusetts.
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