58. Conveyances by cities and towns

(Added February 27, 2009)

The grant of easement or a deed from a city or town should be accompanied by a municipal clerk's certificate which recites and/or gives evidence of the authority by which the grant or deed is being made. Doubtful questions should be referred to the Chief Title Examiner for approval.

G.L. c. 44, § 63A provides that whenever a city or town sells any real estate, the board or officer executing the deed shall, as a condition precedent to the power to deliver the deed, receive from the grantee a payment in lieu of real estate taxes. The statute also provides that a recitation in the deed of full compliance with the provisions of the statute shall be conclusive evidence of such fact. Therefore every deed from a city or town should contain such a recitation. Any deed from a city or town not containing such a recitation must be approved by the Court or the Chief Title Examiner or his or her designee.

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