Section 33. Any city or town may file with the register of deeds for the county or district in which it is situated a map or set of maps of the city or town, to be known as the public restriction tract index, on which may be indexed conservation, preservation, agricultural preservation, watershed preservation and affordable housing restrictions and restrictions held by any governmental body. Such indexing shall indicate sufficiently for identification (a) the land subject to the restriction, (b) the name of the holder of the restriction, and (c) the place of record in the public records of the instrument imposing the restriction. Maps used by assessors to identify parcels taxed, and approximate boundaries without distances, shall be sufficient, and, where maps by parcels are not available, addition to other maps of approximate boundaries of restricted land shall be sufficient. If the names of the holders and the instrument references cannot be conveniently shown directly on the maps, they may be indicated by appropriate reference to accompanying lists. Such maps may also indicate similarly, so far as practicable, (a) any order or license issued by a governmental body entitled to be recorded or registered, (b) the approximate boundaries of any historic or architectural control district established under chapter forty C or any special act, ordinance or by-law where a certificate of appropriateness may be required for exterior changes, (c) any landmark certified by the Massachusetts historical commission pursuant to section twenty-seven of chapter nine, (d) any other land which any governmental body may own in fee, or in which it may hold any other interest, and (e) such additional data as the filing governmental body may deem appropriate.
Whenever any instrument of acquisition of a restriction or order or other appropriate evidence entitled to be indexed in a public restriction tract index is at the option of the holder of the right to enforce it submitted for such indexing, the register shall make, or require the holder of the right to enforce the restriction or order or interest to make, appropriate additions to the tract index.
The maps shall be in such form that they can be readily added to, changed, and reproduced, and shall be a public record, appropriately available for public inspection. If any governmental body, other than a city or town in which the land affected lies, holds a right to enforce a restriction or order or an interest entitled to be indexed in a public restriction tract index for any city or town which has not filed such an index, or if the secretary of environmental affairs or the Massachusetts historical commission or the commissioner of food and agriculture or the director of housing and community development approves a conservation or preservation restriction or agricultural or watershed preservation restriction or affordable housing restriction held by a charitable corporation or trust so entitled, and the city or town does not within one year after written request to the mayor or selectmen file a sufficient map or set of maps for the purpose, the holding governmental body or approving secretary, director or commission may do so.
The registers of deeds, or a majority of them, may from time to time make and amend rules and regulations for administration of public restriction tract indexes, and the provisions of section thirteen A of chapter thirty-six shall not apply thereto. No such rule, regulation or any amendment thereof shall take effect until after it has been approved by the attorney general. New tract indexes may be filed, from time to time, upon compliance with such rules and regulations as may be necessary to assure against omission of prior additions and references still effective.
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