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Milford board authorizes release of 2013 notice of pendency for 31 Franklin Street to clear title for sale
Summary
After reviewing town records and court history, the Milford Board of Selectmen voted to authorize the town administrator to sign a release of a notice of pendency tied to a 2013 code-enforcement case at 31 Franklin Street so a pending sale can be recorded; town attorneys said the release does not bar future action if the building is unsafe.
The Milford Board of Selectmen voted on Sept. 29 to authorize the town administrator to sign a release of a notice of pendency recorded against 31 Franklin Street, allowing a pending sale to proceed with clear title.
The board’s meeting included a presentation from the community development director, who said town records show a 2013 court action that sought demolition of a barn on the property for code violations. "We don't have any documentation that the work was done," the director told the board, saying a third‑party contractor had written a letter agreeing to inspect repairs but no certificate of compliance or subsequent documentation was found.
Town attorney Tom McQuinn, who reviewed the title records and court file, said a notice of pendency was recorded in the registry of deeds in fall 2013. McQuinn told the board that although a 2014 court order instructed that no further hearings be scheduled until requested, the case file later shows the case was closed on 06/19/2024. "All I'm really looking for is an order saying or a decision saying that we can release the notice of dependency of litigation," McQuinn said, adding that the release would not prevent the town from reopening enforcement if current conditions posed a hazard.
Board members asked whether prior inspectors or engineers left reports; staff said the engineer who issued an earlier letter is deceased and that files appear incomplete. McQuinn summarized the practical effect: releasing the recorded notice removes an obstacle to the property sale and allows the buyer to record clear title, but it does not strip the town of its present authority to address safety issues based on current conditions.
A selectman moved to authorize the town administrator to execute the release with updated names the town council requested; the motion was seconded and carried by voice vote.
Next steps: staff will record the release at the registry of deeds and the sale may proceed. The board was told that if safety concerns arise in the future, the town may initiate new enforcement action based on the property’s condition at that time.
