Somerset Savings Bank v. Chicago Title Insurance Co

In Somerset Savings Bank v. Chicago Title Insurance Co., 420 Mass. 422, 649 N.E.2d 1123, 1126 (Mass. 1995), the title insurance policy excluded from coverage any encumbrance resulting from a violation of any law or governmental regulation restricting or regulating the use or enjoyment of land unless notice of the encumbrance was recorded "in those records in which under state statutes, deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land . . . ." Id. at 1126. The title insurer in Somerset added language explaining that, "without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities." Id.