Law Revision Commission

Proposed Draft

Technical Revisions to Validating Provisions

December 16, 1999

 

Section 1. Subsection (b) of section 4 of public act 99-238 is repealed and the following is substituted in lieu thereof:

(b) Insubstantial defects. Any deed, mortgage, lease, power of attorney, release, assignment or other instrument made for the purpose of conveying, leasing, mortgaging or affecting any interest in real property in this state recorded after January 1, 1997, which instrument contains any one or more of the following defects or omissions is as valid as if it had been executed without the defect or omission:

(1) The instrument contains an incorrect statement of the date of execution or omits the date of execution;

(2) The instrument contains an execution date or other date that is later than the date of recording;

(3) The instrument transfers an interest in land by reference to a filed map or subdivision plan and the map or plan does not comply [with any statutory requirement] as to preparation, form, certification, approval or filing WITH ANY REQUIREMENT OR REQUIREMENTS OF ANY SPECIAL OR GENERAL LAW, MUNICIPAL ORDINANCE OR REGULATION;

(4) The instrument conveys an interest in a lot or parcel of land in a subdivision that was not submitted for approval or that was submitted for approval but was not approved;

(5) The record does not disclose the date of recording;

(6) The instrument does not disclose any statutorily required signature of the town clerk;

(7) The instrument does not contain a statement of consideration;

(8) THE INSTRUMENT FAILS TO STATE THE TOWN AND STATE IN WHICH THE REAL PROPERTY DESCRIBED IN THE INSTRUMENT IS LOCATED;

(9) In the case of a conveyance by a corporation, limited liability company, partnership, limited partnership or limited liability partnership, or by any other entity authorized to hold and convey title to real property within this state, the instrument designated such entity as the grantor but fails to disclose the authority of the individual who executes and acknowledges the instrument;

[(9)] (10) In the case of a committee deed, the judge's approval of the sale incorrectly states or fails to state the date of approval of the sale.

Sec. 2. (new)

No use or occupancy of or the presence of any building or other structure erected on a lot or lots either shown on a filed or recorded map or plan or subdivision or located in a subdivision created by the physical division of land into three or more parcels shall be deemed illegal or invalid because the lot or lots on which any building or other structure is located is not shown on an approved plan of subdivision or because the filed or recorded map or plan of subdivision fails in any manner to comply with any requirement or requirements of any general or special law, ordinance or regulation.

Sec. 3

Sections 1, 2, and 3, subsection (f) of section 4, and sections 5 and 6 of Public Act 99-238 apply to errors, irregularities, and omissions occurring on or after January 1, 1999.