"Outline and Form for Withdrawal From Registration" - Massachusetts

Outline and Form for Withdrawal From Registration is a legal document that was released by the Massachusetts Land Court Department - a government authority operating within Massachusetts.

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OUTLINE FOR WITHDRAWAL FROM REGISTRATION
(See Chapter 183-A § 16)
If a condominium is to contain both registered and recorded land, the registered portion
may be withdrawn from the provisions of Chapter 185 pursuant to G.L. Chapter 183A § 16.
In a withdrawal pursuant to G.L. Chapter 183A, § 16, the condominium documents are
not reviewed and allowed by the Land Court. The Master Deed, Condominium Trust or
Association document, site plans and floor plans are recorded on the unregistered side of the
Registry of Deeds. The petition and notice referred to in Step 2 below are filed and registered
simultaneously with the recording of the condominium documents.
The following steps outline the withdrawal procedure under G.L. Chapter 183A, § 16.
STEP I: Preliminary action to be taken by petitioner prior to recording of Master Deed
and Condo Plan
1.)
In preparing Master Deed be sure it describes the registered land as it appears on
outstanding certificate as “Parcel 1" followed by the recorded land parcel - “Parcel 2". It
is wise to list after the registered land parcel all outstanding registered interests (i.e.,
rights of way, easements, mortgages, etc.) from the certificate of title.
2.)
Obtain a certified copy of the outstanding certificate(s) to submit with complaint.
3.)
Prepare a print of condominium plan showing location of the registered land (delineated
in red) and the existing buildings and proposed buildings to submit with complaint.
STEP 2: Preparation of complaint to withdraw under Chapter 183-A, § 16
1.)
Draft an original complaint which must be signed by the owner (usually the declarant in
the Master Deed) or attorney under oath and acknowledged. If signer is a corporation, a
vote is needed authorizing the officer to sign if it is not signed by President and
Treasurer. Proper authority document should accompany any other complaint.
Complaint should state that the Master Deed has been recorded (attach an attested copy
of the recorded Master Deed as an exhibit). The assents of all outstanding mortgagees
and lessees on the certificate of title should also be attached as exhibits. An assent
cannot be conditional. A copy of the condominium plan should also be an exhibit. The
filing fee is $50.00 and the complaint is treated as an “S” Petition.
2.)
Prepare “Notice of Intention to Withdraw from Registration under G.L. C. 183A § 16".
OUTLINE FOR WITHDRAWAL FROM REGISTRATION
(See Chapter 183-A § 16)
If a condominium is to contain both registered and recorded land, the registered portion
may be withdrawn from the provisions of Chapter 185 pursuant to G.L. Chapter 183A § 16.
In a withdrawal pursuant to G.L. Chapter 183A, § 16, the condominium documents are
not reviewed and allowed by the Land Court. The Master Deed, Condominium Trust or
Association document, site plans and floor plans are recorded on the unregistered side of the
Registry of Deeds. The petition and notice referred to in Step 2 below are filed and registered
simultaneously with the recording of the condominium documents.
The following steps outline the withdrawal procedure under G.L. Chapter 183A, § 16.
STEP I: Preliminary action to be taken by petitioner prior to recording of Master Deed
and Condo Plan
1.)
In preparing Master Deed be sure it describes the registered land as it appears on
outstanding certificate as “Parcel 1" followed by the recorded land parcel - “Parcel 2". It
is wise to list after the registered land parcel all outstanding registered interests (i.e.,
rights of way, easements, mortgages, etc.) from the certificate of title.
2.)
Obtain a certified copy of the outstanding certificate(s) to submit with complaint.
3.)
Prepare a print of condominium plan showing location of the registered land (delineated
in red) and the existing buildings and proposed buildings to submit with complaint.
STEP 2: Preparation of complaint to withdraw under Chapter 183-A, § 16
1.)
Draft an original complaint which must be signed by the owner (usually the declarant in
the Master Deed) or attorney under oath and acknowledged. If signer is a corporation, a
vote is needed authorizing the officer to sign if it is not signed by President and
Treasurer. Proper authority document should accompany any other complaint.
Complaint should state that the Master Deed has been recorded (attach an attested copy
of the recorded Master Deed as an exhibit). The assents of all outstanding mortgagees
and lessees on the certificate of title should also be attached as exhibits. An assent
cannot be conditional. A copy of the condominium plan should also be an exhibit. The
filing fee is $50.00 and the complaint is treated as an “S” Petition.
2.)
Prepare “Notice of Intention to Withdraw from Registration under G.L. C. 183A § 16".
This may be signed by the attorney. Once this is on record assents from future buyers of
units and mortgagees will not be required. Once your petition is filed with the Court,
register your notice on the outstanding certificate. A sample notice is attached hereto.
NOTE: This is not the Notice of Withdrawal form which is used in a G.L. C. 185 § 52
proceeding.
3.)
The Court will order a title examination by a Land Court Title Examiner. This report is to
disclose the mortgagees and lessees that have an interest in the land being withdrawn
from registration. The recording of the Master Deed and Condominium trust as well as
deeds of units, mortgages, etc. must be noted. abstract of title should run up to the date of
recording of the notice of “Intention to Withdraw from Registration” under Chapter
183A, § 16.
STEP III: Notice
1.)
Assents of holders of mortgages and leases.
2.)
For those that refuse to assent, the Court will issue a citation with a return date. Notice
will be sent via certified mail, return receipt requested.
STEP IV: Decree of Court
1.)
When the necessary papers have been submitted and checked, an order is prepared which
is then presented to a Justice to have allowed.
2.)
The attorney receives the court order which is then to be registered and noted on the
outstanding Certificate of Title. The property is then withdrawn from registration.
CASE NO. ______________________________
COM MONW EALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
TO ALL WHOM IT MAY CONCERN:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
hereby give notice that, on the ______________ day of _______________ 20 ____, _________________
filed a complaint in said Court to have the title to certain land therein described withdrawn from the
provisions of Chapter 185 pursuant to Chapter 183A § 16 of the General Laws. Said land is situated in
_____________________________________ in the County of __________________________ and said
Commonwealth, and bounded and described as follows:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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