Calls for Abutters: Title References
Calls For Abutters:
Calls for (or references to) abutters control over incorrect courses and distances:
"Whenever known monuments are referred to as boundaries, they must govern, although neither courses, nor distances, nor the computed contents, correspond with the boundaries." Wilde, J. inDavis v. Rainsford, 17 Mass 207 (1821).
When the granted premises are bounded on the "land" of a named person, such land is considered to be a "monument" within the preceding rule, even though there is nothing visible to mark the line of such land. See Pickman v. Trinity Church, 123 Mass. 1.
Recitation of Title Deed:
Title references can "fill in" missing information in a description:
"Being the same premises described in a deed of Ignazio Colombo, et. ux. to us, dated October 2, 1958, recorded with Worcester District Registry of Deeds, Book 3980, Page 340."
In this regard REBA's Title Standard No. 27 provides:
"Missing bounds, errors in direction or distance, and ambiguous descriptions are cured by . . . reference to a deed containing an adequate description."
"In a reference to title such words as 'For grantor's title see . . .' have the same effect as 'Being the same premises conveyed by . . .' A deed containing the former my not comply with G.L.c. 183, §6A if the premises conveyed are part only of what was acquired under the earlier deed." (G.L.c. 183, §6A is the statute that requires as a prerequisite to recording the reference in the deed to a prior deed or plan, or a statement that the deed does not create new boundaries. The statute states, however, that the failure of the deed to contain this information "shall not affect the validity of any instrument.")