Office of the Vermont Secretary of State
| LAND RECORDS STUDY COMMITTEE |
| MUNICIPAL GOVERNMENT HOME PAGE |
| SECRETARY OF STATE'S HOME PAGE |Survey of New England States
July 21, 1998
TO: Study Committee on the Computerization of Land Records
FROM: Gregory Sanford
RE: Land Records in New England
________________________________________
At our next meeting we will be discussing what is going on in New England in terms of the computerization of land records. I have been talking with and e-mailing colleagues in other states to get some information for the committee. To help prepare you for the meeting--and to encourage your comments on what other information I should be gathering--I have summarized the results of my informal survey to date.
Rhode Island. Land records are held by municipalities. I talked with the local government records person at the Rhode Island State Archives who reported that she did not know what the municipalities were doing. She believed that some municipalities were creating computerized indices to their land records but suggested I talk with the State Archivist, who is on vacation this week. I e-mailed her, though I may not get a response before our meeting.
Connecticut. Land records are held by municipalities. I talked with Eunice DiBella, Ct's Public Records Administrator. She reports that all the towns are creating computerized indices, primarily (exclusively?) through agreement with a private vendor (Business Records). Few towns are currently making that information available on-line (she reported that Ledyard was creating limited dial-in access). The private vendor uses a proprietary software and there have been some questions--but no resolution--of how to handle public records requests for disks containing the indices.
A 1997 law allows, under certain conditions, scanning of land records (the Town of Norwich is beginning to scan its land records). Conditions include meeting standards set by Public Records Administrator.
At this time there is no authorization for keeping land records exclusively in electronic form. Connecticut does not consider optical imaging technology as permanent and currently requires a paper or microfilm copy to made of any scanned records that have to be kept longer than ten years. The Public Records Administrator Office "will consider a non-paper-based land recording system, but only after the successful completion of a one-year trial period. Test systems must demonstrate that they function in recording and certifying land record documents in accordance with state statutes that govern land records. This office will not approve any non-paper based land record system unless it includes a microfilm copy created and stored in accordance with General Letter 96-2 ‘Required Minimum Microfilming Standards for Public Records, Disposition of Original Records: Policy Statement.'"
With the exception of medical records, Connecticut law does not recognize electronic signatures. Deeds must be signed in hand, Like Vermont deed forms and indexing are set by statute, though there is local variation in indexing (State of Connecticut versus Connecticut, State of, for example).
New Hampshire. Land records held by county registers of deeds. I talked with Brian Burford of the New Hampshire State Archives (Brian is also head of the New Hampshire Land Surveyors' Association and routinely uses land records). Brian believes most of the county registrars are creating computerized indices and that "7 or 8" of the ten counties are scanning land records as they come in and creating a microfilm copy.
New Hampshire statutes do allow the imaging of land records (Title 48, Chapter 478, Section 5 says in part: "In addition to or in lieu of other recording methods, the register of deeds may cause the originals of the documents filed with him to photographed and preserved on microfilm or optical disk or both.") The State does not set standards.
Scanning is paid for through a combination of the county budget including recording fees ($30 to record deed?), property transfer fees, the register of deeds equipment account fees, etc and agreements with a private vendor (he could not recall the name of the vendor). Vendor leases software for indexing and scanning land records and will be selling a quarterly CD (for $1,000) containing indices and scanned land records for each county. Question of public record status of scanned land records has not been addressed though paper copies of the scanned documents are provided (for a fee); because of printer limitation, printouts of plans are not provided. There is a microfilm copy, though registrars are pursuing goal of only having scanned images of land records.
Brian reports that a bill to authorize electronic signatures failed, but NH Courts allow them. Deed forms have not been changed in centuries according to Brian.
Maine. Land records held by county registers of deeds. Talked with Nina Osier, head of the records management division of the Maine State Archives. Under rules established by the Archives, local government records identified as having archival value must be kept on paper or microforms that meet ANSI standards. "Permanently valuable records may be maintained for convenience on nonarchival media (such as magnetic tapes, diskette, hard disk, or optical disk), but the same records must in every case be maintained on an archival medium or on a system that meets standards set by the Archives.
migration policy (Nina expressed some reservations about this step because of uncertainties about long term costs; I asked for the language on the migration policy).
Reformatting of records is done through county budgets Nina was unaware of any electronic signature legislation.
Massachusetts. Land records kept by county registrars of deeds. Sent e-mail message to an assistant register recommended to me by the records officer at the Massachusetts State Archives. I have not heard back yet. I passed out an example of the Massachusetts system at the last meeting.