Massachusetts Agencies

Notice of Lease

Real Estate Taxes and Municipal Charges

In Mister Donut of America v. Kemp, 368 Mass. 220,330 N.E.2d 810 (1975), the court explained the importance of looking at a lease to which a notice of lease referred, even where the notice did contained no mention of an option:

The principal question before us is whether a ‘notice of lease' recorded in a registry of deeds under G. L. c. 183, § 4, must refer to an option to purchase contained in the lease. We hold that such an option is not a right of ‘extension or renewal' and need not be referred to in the notice of lease. The recorded notice in this case was therefore in statutory form and was sufficient to give constructive notice of the option to the defendants, as persons not having ‘actual notice' of it. * * * The plain object of the statute is to place recording of a notice of lease in statutory form on the same footing as recording of the entire lease, and to place both on the same footing as actual notice of the lease. If recording of a notice of lease were given a lesser effect, its utility would be largely lost, since those concerned would be well advised not to use it. The prospective purchaser of the lessor's interest can fully protect himself by examining the original lease or by consulting the lessee. See Texas Co. v. Aycock, 190 Tenn. 16, 26 (1950). Hence we hold that the defendants had constructive notice of the plaintiff's option to purchase. (Footnote omitted.)