LegalFix

Section 59 - Interests Less Than Estate in Fee Simple; Registration

MA Gen L ch 185 § 59 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 59 - Interests Less Than Estate in Fee Simple; Registration