A deed must be recorded to have any legal effect. The municipal authority responsible for enforcement of Title 5 of the Massachusetts State Environmental Code is Board of Health. Appeals from septic system orders or permit application denials issued by a local Board of Health or the Department of Environmental Protection are made to the Massachusetts Department of Public Health. Under Title 5, a minor increase in flow to existing septic systems is allowed without any upgrade of the system. The process of testing soil for its liquid absorption capacity is called water level testing.
Title insurance is an agreement to compensate for loss arising from undisclosed title defects.
Title insurance policies insure against consequential losses occasioned by title defects. In addition to the matters insured against under an owner's policy, a lender's policy of title insurance also insures against the invalidity or unenforceability of the lien of the insured mortgage and the lack of priority of the lien of the insured mortgage. A title problem exception to coverage in a title insurance policy may be overridden by the insurer's agreement to grant affirmative coverage over such exception. A foreclosing mortgagee who purchases at foreclosure or accepts a deed in lieu of foreclosure can rely on a previously-issued lender's policy of title insurance to protect its newly acquired interest. Title free from encumbrances beyond a reasonable doubt is marketable title.