I am paid by my client to report all matters relating to the property- which I do. If the prior examiner missed something because of a registry indexing error then that person will have a problem. I am not "hiding" anything on behalf of anyone- that would be unethical.
My point in the discussion is whether or not to inform the Registry of indexing errors I find. My policy is to not inform the Registry of their errors.
The Torrens system exists in MA and there is recourse if Registered Land screws up; but most property in MA is not registered and the ROD has zero legal liability for it's errors; which is a problem & a large one for an examiner who misses something that is misindexed. My original post was about a Declaration of Trust that the Registry failed to index at all - I didn't "miss" it - it wasn't even in the computerized indices for me to find.
I also note that finding Registry errors is not an everyday happening. Most Registries are filled with extremely competent employees, who work very hard to ensure that nothing goes wrong - but mistakes do happen from time to time and as an examiner the liability regarding the title rests on my shoulders; regardless of the fact that due to a misspelling or a misindexing issue the responsibility for the error belongs to the Registry.
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