§ 59 — Interests less than estate in fee simple; registration

Massachusetts § 59

• Jurisdiction: Massachusetts
• Part II: REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
• Title I: TITLE TO REAL PROPERTY
• Ch. 185: THE LAND COURT AND REGISTRATION OF TITLE TO LAND

Text

Section 59. No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from the owner or some one of the registered owners. All interests in registered land less than an estate in fee simple shall be registered by filing with an assistant recorder the instrument which creates or transfers or claims such interest and, except as hereinafter provided, by a brief memorandum thereof made by an assistant recorder upon the certificate of title, signed by him. The cancellation or extinguishment of such interests shall be registered in the same manner.Registration of a mortgage or trust indenture given by a public utility company which includes among the mortgaged premises one or more easements or other interests in registered land less than an estate in fee simple shall be effective for all purposes including notice to all persons from the time of such registration. Registration of such a mortgage or trust indenture, insofar as the mortgaged premises include estates in fee simple in registered land, shall be effected by the filing and memorandum hereinbefore provided for in this section. Registration of such a mortgage or trust indenture, insofar as the mortgaged premises include one or more easements or other interests in registered land less than an estate in fee simple, shall be effected by filing the instrument with an assistant recorder, who shall make a notation thereof in a special index to be kept for the purpose. Such index shall be arranged alphabetically by name of the public utility company, and such notation shall include the year, month, day, hour and minute of reception of the instrument and the number of the instrument. Any discharge, partial release or other instrument affecting such mortgage or trust indenture shall also be noted on such index.