Section 25. No indefinite reference in a recorded instrument shall subject any person not an immediate party thereto to any interest in real estate, legal or equitable, nor put any such person on inquiry with respect to such interest, nor be a cloud on or otherwise adversely affect the title of any such person acquiring the real estate under such recorded instrument if he is not otherwise subject to it or on notice of it. An indefinite reference means (1) a recital indicating directly or by implication that real estate may be subject to restrictions, easements, mortgages, encumbrances or other interests not created by instruments recorded in due course, (2) a recital or indication affecting a description of real estate which by excluding generally real estate previously conveyed or by being in general terms of a person's right, title or interest, or for any other reason, can be construed to refer in a manner limiting the real estate described to any interest not created by instruments recorded in due course, (3) a description of a person as trustee or an indication that a person is acting as trustee, unless the instrument containing the description or indication either sets forth the terms of the trust or specifies a recorded instrument which sets forth its terms and the place in the public records where such instrument is recorded, and (4) any other reference to any interest in real estate, unless the instrument containing the reference either creates the interest referred to or specifies a recorded instrument by which the interest is created and the place in the public records where such instrument is recorded. No instrument shall be deemed recorded in due course unless so recorded in the registry of deeds for the county or district in which the real estate affected lies as to be indexed in the grantor index under the name of the owner of record of the real estate affected at the time of the recording. This section shall not apply to a reference to an instrument in a notice or statement permitted by law to be recorded instead of such instrument, nor to a reference to the secured obligation in a mortgage or other instrument appearing of record to be given as security, nor in any proceeding for enforcement of any warranty of title.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 184 - General Provisions Relative to Real Property
Section 3 - Contingent Remainders; Taking Effect; Limitations
Section 4 - Land Held in Fee Tail; Liability for Debts of Tenant in Tail
Section 5 - Conveyance Vesting Life Estate and Remainder to Heirs
Section 6 - Interpretation of Words Importing Want or Failure of Issue
Section 6a - ''heirs'' and ''next of Kin'' Construed
Section 7 - Creation of Estate in Common, Joint Tenancy or Tenancy by the Entirety
Section 8 - Conveyance to Grantor and Another
Section 8a - Name and Address of Owner; Request for Information; Records; Penalty
Section 9 - Conveyance by Tenant for Life or Years of Greater Estate
Section 10 - Acts of Owner of Precedent Estate Upon Expectant Estate; Effect
Section 11 - Barring of Estates Tail
Section 12 - Fixtures Annexed by Life Tenant; Determination; Removal
Section 14 - Sale of Timber Standing on Land Used by Other Than Owner of Fee
Section 16 - Certificate of Judgment, Decree or Final Disposition; Recording
Section 17 - Judgments or Decrees; Effect of Recording
Section 17a - Agreement for Purchase and Sale of Real Estate; Acknowledgment; Recordation
Section 19 - Entry for Breach of Condition; Certificate; Recordation
Section 20 - Right of Entry or Action for Recovery of Real Property; Descent or Discontinuance
Section 21 - Encumbrances Upon Real Property; Duty of Grantor to Inform Grantee
Section 22 - Encumbrance of Record; Liability for Removal
Section 23 - Conditions or Restrictions; Term of Years; Applicability
Section 23a - Proceedings Relating to Building Restrictions; Limitation of Actions
Section 23c - Solar Energy Systems; Installation or Use; Restrictive Provisions
Section 23d - Community Residences for Disabled Persons; Restrictive Provisions
Section 24 - Defects, Irregularities or Omissions in Deeds; Curative Period
Section 25 - Indefinite References; Effect; Application
Section 29 - Notice or Extension of Restriction; Prerequisites
Section 30 - Enforceability of Restrictions; Presumptions and Prerequisites; Temporary Injunction
Section 31 - Restrictions, Defined
Section 32 - Effect, Enforcement, Acquisition, and Release of Restrictions