Overview
For guidance on documents needing Land Court approval, consult Guideline 55 of the Land Court Guidelines on Registered Land. Also, check for updates published in Registered Land Memos by the Chief Title Examiner. These resources are available on the Land Court’s Registered Land Resources webpage.
The Land Court has guidance on the submission of requests for approval of condominium-related documents on a separate webpage. For all other approval requests, follow the guidance here.
To ensure the efficient processing of your document approval request, please follow the steps outlined below. Failure to follow these steps may result in delays or rejection of your request.
Step 1: Complete the Approval Request Cover Sheet and compile supporting documents.
All document approval requests require the filer to submit the Approval Request Cover Sheet. Use of this cover sheet is mandatory. Find this form on the Land Court forms webpage, under the “Registered land and related forms and instructions” section.
The Cover Sheet collects key details about the type of document you need approved. It outlines the information and supporting documents necessary for Land Court to review your request. Separate sections and itemized requirements are included for different types of registered land documents. You only need to complete the section applicable to your request.
The Cover Sheet’s list of required information and documentation may not be exhaustive. The Land Court might request additional documents or information, depending on your situation.
Step 2: Include all relevant supporting documents in your submission.
When you submit your approval request to the Land Court, you must submit all documents listed in the Approval Request Cover Sheet. Failure to submit all required documents may result in delays or rejection of your request.
In addition to the fully executed and final document(s) to be approved, your submission must also include the following (A through C).
Note: Land Court Registered Land Guideline 55
All document approval requests must follow Land Court Registered Land Guideline No. 55, “Approval by the Chief Title Examiner,” available on the Land Court’s Registered Land Resources webpage. Additional Guidelines and Chief Title Examiner Memos may apply, depending on your request.
A. Certified copy of current Certificate of Title or Memorandum of Unit Ownership
As per the Approval Request Cover Sheet, you must submit a certified copy of the current certificate of title or memorandum of unit ownership from the Registry of Deeds with your document approval request.
If the current certificate of title or memorandum of unit ownership is not yet prepared, provide instead:
- a certified copy of the last issued and prepared certificate of title or memorandum of unit ownership;
- all intervening deeds from the last prepared, up to and including the current deed; and
- a printout of the memorandum of encumbrances.
B. Attested copies of probate and other court documents
If the request involves a case in any other court (like the Probate and Family Court or the Bankruptcy Court), submit attested or certified copies of the relevant documents. This could include a Decree of Sale from the Probate and Family Court or a Bankruptcy Court Order. You must also submit an attested or certified copy of the case docket.
Note: Accuracy in the Decree of Sale (License)
If your approval request is based on a Decree of Sale (License), check that it contains the correct legal description (Lot/Lots, Land Court Plan Number, Certificate of Title/Memorandum of Unit Ownership/Unit Number, Property Address) in the designated space.
If the Decree of Sale (License) is for less than the full fee simple interest, the consideration and ownership interests should be accurately reflected.
C. Additional Documents
Consult the Approval Request Cover Sheet, Registered Land Guideline No. 55 on the Land Court’s Registered Land Resources webpage, and any other applicable Guideline, statute, or Memorandum of the Chief Title Examiner. Use them to find any additional documents needed to complete your submission.
Note: Forms and documents related to coronavirus pandemic
When requesting approval of a Post-Foreclosure (Eaton) Affidavit, if applicable, complete an Affidavit Showing Foreclosure Deed May Be Registered Notwithstanding Foreclosure Moratoria (Land Court Form, August 2020). This Affidavit form is available on the Land Court forms webpage, under the “Registered land and related forms and instructions” section.
Step 3: Submit the document approval request to the court.
The court strongly prefers that you submit your document approval request by email. If necessary, you may submit your approval request by paper. There is no filing fee for document approval requests.
Currently, electronic filing (eFiling) is not available for approval requests.
A. Submissions by email
Email your document approval request to LandCourt.Title@jud.state.ma.us. Use the subject line “Request for Document Approval by [Requestor Name on Cover Sheet].” The email should briefly describe the nature of your request. For example, “Enclosed is my submission packet for Land Court approval of a fiduciary deed under probate Decree of Sale.”
Attach to the email the required cover sheet. Also attach the fully executed and final document(s) to be approved, a certified copy of the certificate of title or memorandum of unit ownership, and any additional required documents (see Steps 1 and 2). Attach the documents in Portable Document Format (“PDF,” “.pdf”).
You are limited to an attachment file size of approximately 19 megabytes (MB). Emails with attachments over 19 MB must be split into more than one document. Send the parts in separate emails. Each email must indicate in its subject line how many separate emails with attachments are being sent (like “Email 1 of 3”).
Note: Keep all originals
When emailing your approval request, do not then submit original documents to the court unless specifically requested. Keep all original documents in your files.
B. Submissions by paper
If you are unable to submit your document approval request by email, you can submit by mail or in person to:
Land Court Recorder’s Office
Three Pemberton Square, Fifth Floor
Boston, MA 02108
Include the required cover sheet. Also add the fully executed and final original document(s) to be approved, the certified copy of the current certificate of title/memorandum of unit ownership, and any other required documents (see Steps 1 and 2).
Note: Return of approved documents by mail
To get the approved documents returned by mail, you must include a postage prepaid, return-addressed envelope. It must be large enough for all submitted documents.
C. After submission
Once the court accepts your submission, a Land Court Attorney Title Examiner will be assigned to review your request. You will receive notification of the assignment. The assigned Land Court Attorney Title Examiner may contact you directly if they require any additional information or documents.
Please allow time for the Land Court Attorney Title Examiner to review your request and submitted documents. For urgent inquiries, you may contact the Land Court Recorder's Office at 617-788-7470 for assistance.
Step 4: Register the approved documents.
Upon approval of your registered land document, a Land Court Attorney Title Examiner will either email an approval form to you and the applicable Land Registration District or stamp the original document as approved. You must then present the approved documents to the appropriate Land Registration District for registration and pay the required fees.
A. Email approvals
If the emailed documents are suitable for registration, the Land Court will email an approval form to the submitter and the applicable Land Registration District.
After approval, you must present the court’s approval form, and your document(s), to the appropriate Land Registration District for registration and pay the required fees.
NOTE: The court will email approval forms only.
When submitters provide their approved documents to the Land Registration District, they must certify that the documents presented are identical to the documents approved by the court (see Step 4(C), below).
The approval form must be registered as the first page preceding the approved document.
Land Registration District personnel will verify the approval form submitted for registration by comparing it to the approval form previously emailed from the court.
B. Paper approvals
If the original papers are suitable for registration, the assigned Land Court Attorney Title Examiner will notify you of the approval. Approved original documents will be stamped as approved for registration and signed by a Land Court Attorney Title Examiner.
You may then arrange to pick up the approved documents at the Land Court Recorder’s Office front counter. (If you included a prepaid return envelope at the time of submission, the approved documents will be mailed back to you.)
Once approved, no alterations to the approved documents are permitted. Once approved, you must present the stamped document(s) to the appropriate Land Registration District for registration and pay the required fees.
Note: Paper approvals do not require a court approval form.
A document with a Land Court Attorney Title Examiner’s stamped and signed approval needs nothing further for registration. The submitter may register the approved document with the appropriate Land Registration District and pay the required fees. The submitter is not required to attach an approval form or certification.
C. Certify the approved documents to be registered (email approvals only).
Note: Certification only required for email approvals.
The Certification requirement only applies to emailed document approvals.
Once approved, no alterations to the approved documents are permitted. You must provide to the Land Registration District a separate, signed Certification confirming that the documents to be registered are identical to those approved by the Land Court. When submitted by an attorney, the Certification must include the attorney’s BBO number.
This Certification is for Registry of Deeds records only and is not to be registered.
Note: Check with Registry of Deeds personnel on e-filing procedures
If e-filing the approved documents, contact the Land Registration District personnel regarding their procedures for submitting the Certification.
Step 5: Resubmit a rejected request (rejections only).
If the document submitted for Land Court approval does not meet the court’s requirements, you will receive a Rejection Notice. After a rejection, you may resubmit your request for approval after you make any necessary corrections, following Steps 1 through 3 outlined above.
As the Rejection Notice states, do not resubmit your approval request directly to the Land Court Attorney Title Examiner by email. You must fully resubmit your request in accordance with Step 3 above.
| Last updated: | October 28, 2024 |
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