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  • Porter DeVries

Key Aspects of the Land Court System

LAND COURT PETITION

A document by which a change in the facts which appear in the records of the Land Court is presented to the Court for notation on the Transfer Certificate of Title. The petition must be accompanied by evidence competent to prove the change in facts. For example, if title is vested in the Transfer Certificate of Title in "John Smith and Mary Smith, husband and wife, as tenants by the entirety," and Mary Smith dies, the only way to remove her name from the Transfer Certificate of Title is to present the Land Court with a petition reciting the fact of her death, accompanied by an officially certified copy of her death certificate. A petition would also be required for any change in title that does not involve a deed, assignment of lease, or other transfer instrument such as (a) a change in name of a person or entity holding title (fee simple owner, lessee, mortgagee, etc.), (b) merger of entities holding title, such as corporations, that results in a surviving entity, and (c) conversion of a corporation to a limited liability company.

LAND COURT ORDER

A notice of change in title or description of Land Court property issued by the Land Court. Any change in land description, i.e., subdivision, accretion, consolidation, restriction of access, designation of easement or setback lines, must be accompanied by a map showing the change.

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