STANDARD NO. 301
PROBLEM:
When should affidavits be used to amplify record title?
RECOMMENDATION:
Whenever information essential to make the record title satisfactory is missing, it is recommended that the information be supplied by the methods ordinarily used in the registry of probate and registry of deeds if possible. Otherwise, it is recommended that affidavits be prepared and recorded in the registry of deeds supplying the necessary information.
DISCUSSION:
There seems to be no need at the present time to amend the statute providing for depositions in perpetuam. Reliance given affidavits should be discretionary with the examiner; if relying on unrecorded affidavits the examiner’s opinion should so state.
First adopted August 25, 1960; amended June 19, 1975. Formerly Title Standard No. 29.
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