Deed Couldn’t Be Recorded?

5 Replies

Looking for some advice. Recently found an off market opportunity....I work on the side for a developer who bought a house about a year ago (he owns a large sqft area adjacent to the house and bought this particular house to avoid any issues with his potential development)

Long story short, this house worked perfect for me and my family. I worked out a deal to purchase the house. I in turn sold my single family in order to buy and move into this property.

I am currently in an intense academy

For my profession and due to my limited availability we needed to “close”/sign documents on a Friday at 5. This affected the day/date the house would be recorded

Apparently when the attorney went to record the deed, there was an issue. In the deed we agreed to include language saying I would not contest any potential development, if ever approved. The closing attorney told me that this type of language was flagged and is allowed to by included.

The attorney is going to remove the language (me and seller get along great and I personally like the idea and plans that seller/developer is potentially building ).

I guess my question is, IF simply removing the language in deed isn’t allowed for some reason, and this ends up in land court, what am I up against?

I put down 20% (94k), closing fees, insurance for the year....etc etc etc?

Any advice or guidance would be great.

@John Barry I'm surprised that the county read the deed that closely. Typically they just look for the names, Legal description, sale price, and ensure that the signatures are all valid. I think removing the language should be fine. I used to install recording software in counties around the country and while I have not worked in Mass., I have worked from Seattle to Key West and my experience is that recorders don't care about the legal language except for the legal description and other required information to record the deed. if the developer really wants something on record, you could record an affidavit with the agreement. 

Originally posted by @Tyler Gibson :

@John Barry I'm surprised that the county read the deed that closely. Typically they just look for the names, Legal description, sale price, and ensure that the signatures are all valid. I think removing the language should be fine. I used to install recording software in counties around the country and while I have not worked in Mass., I have worked from Seattle to Key West and my experience is that recorders don't care about the legal language except for the legal description and other required information to record the deed. if the developer really wants something on record, you could record an affidavit with the agreement. 

these are common  like here in Oregon if you border farm ground or timber ground there may be a sentence below the legal description saying that your aware of intense farming or logging activity and you cant whine about it after you buy  LOL..  and also future development clauses as in your will cooperate with those.. this is how cities grow. 

Originally posted by @Jay Hinrichs :
Originally posted by @Tyler Gibson:

@John Barry I'm surprised that the county read the deed that closely. Typically they just look for the names, Legal description, sale price, and ensure that the signatures are all valid. I think removing the language should be fine. I used to install recording software in counties around the country and while I have not worked in Mass., I have worked from Seattle to Key West and my experience is that recorders don't care about the legal language except for the legal description and other required information to record the deed. if the developer really wants something on record, you could record an affidavit with the agreement. 

these are common  like here in Oregon if you border farm ground or timber ground there may be a sentence below the legal description saying that your aware of intense farming or logging activity and you cant whine about it after you buy  LOL..  and also future development clauses as in your will cooperate with those.. this is how cities grow. 

Yeah, I know this kind of language is normal I was just saying I am surprised that a county recorder would care about that language in the deed. I have helped configure hundreds of rejections reasons for county recorders over the last 5 years and I've never configured anything like "there is an invalid clause in the deed". 

Originally posted by @Tyler Gibson :
Originally posted by @Jay Hinrichs:
Originally posted by @Tyler Gibson:

@John Barry I'm surprised that the county read the deed that closely. Typically they just look for the names, Legal description, sale price, and ensure that the signatures are all valid. I think removing the language should be fine. I used to install recording software in counties around the country and while I have not worked in Mass., I have worked from Seattle to Key West and my experience is that recorders don't care about the legal language except for the legal description and other required information to record the deed. if the developer really wants something on record, you could record an affidavit with the agreement. 

these are common  like here in Oregon if you border farm ground or timber ground there may be a sentence below the legal description saying that your aware of intense farming or logging activity and you cant whine about it after you buy  LOL..  and also future development clauses as in your will cooperate with those.. this is how cities grow. 

Yeah, I know this kind of language is normal I was just saying I am surprised that a county recorder would care about that language in the deed. I have helped configure hundreds of rejections reasons for county recorders over the last 5 years and I've never configured anything like "there is an invalid clause in the deed". 

Not disagreeing with you just pointing out that this type of language is common.. unless I saw the actual language its hard to come to a conclusion why a recorder would reject a deed like that..  And that's what I love about real estate it so darn location specific.. and we learn something new every day :)