Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 4 (2026)

Effect of recordation or actual notice of deeds or leases, or of assignments of rents or profits

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 4. A conveyance of an estate in fee simple, fee tail or for life, or a lease for more than seven years from the making thereof, or an assignment of rents or profits from an estate or lease, shall not be valid as against any person, except the grantor or lessor, his heirs and devisees and persons having actual notice of it, unless it, or an office copy as provided in section thirteen of chapter thirty-six, or, with respect to such a lease or an assignment of rents or profits, a notice of lease or a notice of assignment of rents or profits, as hereinafter defined, is recorded in the registry of deeds for the county or district in which the land to which it relates lies. A ''notice of lease'', as used in this section, shall mean an instrument in writing executed by all persons who are parties to the lease of which notice is given and shall contain the following information with reference to such lease:—the date of execution thereof and a description, in the form contained in such lease, of the premises demised, and the term of such lease, with the date of commencement of such term and all rights of extension or renewal. A ''notice of assignment of rents or profits'', as used in this section, shall mean an instrument in writing executed by the assignor and containing the following information:— a description of the premises, the rent or profits of which have been assigned, adequate to identify the premises, the name of assignee, and the rents and profits which have been assigned. A provision in a recorded mortgage assigning or conditionally assigning rents or profits or obligating the mortgagor to assign or conditionally assign existing or future rents or profits shall constitute a ''notice of assignment of rents or profits''.

Notes of Decisions
Cited in 91 cases (8 in the last 5 years), 1923–2024 · leading case: Mercado v. Banco Popular De Puerto Rico, 599 B.R. 406 (1st Cir. BAP 2019).
Sort: Relevance Newest Treatment
Mercado v. Banco Popular De Puerto Rico, 599 B.R. 406 (1st Cir. BAP 2019). · cites it 4× “Mass. Gen. Laws ch. 183, § 4 (emphasis added).”
Bank of Am., N.A. v. Casey, 52 N.E.3d 1030 (Mass. 2016). · cites it 2× “Although mortgages are not specifically mentioned in G. L. c. 183, § 4, 9 referenced in the quoted passage from McOuatt , that statute applies to mortgages and requires that a mortgage be recorded in the appropriate registry of deeds in order to provide effective notice to…”
Emmons v. White, 788 N.E.2d 557 (Mass. App. Ct. 2003). · cites it 4× “” G. L. c. 183, § 4, as amended through St.”
Eaton v. Fed. Nat'l Mortg. Ass'n, 969 N.E.2d 1118 (Mass. 2012). “244, § 15; see also G. L. c. 183, § 4, there are no similar provisions for recording mortgage notes; and as a result, clear record title cannot be ascertained because the validity of any prior foreclosure sale is not ascertainable by examining documents of record.”
Snyder v. Sperry & Hutchinson Co., 333 N.E.2d 421 (Mass. 1975). · cites it 3× “The argument is that the original 1961 lease was required to be recorded under G. L. c. 183, § 4, and that consequently any modification of that lease must also be recorded in order to protect the lessee against a bona fide purchaser without actual notice of the modification.”
Allen v. Allen, 16 N.E.3d 1078 (Mass. App. Ct. 2014). · cites it 2× “As we have noted, the recording statute provides: *301 G. L. c. 183, § 4. Harold argues that proper recording is not required for the July deed to be valid against Deborah because she qualifies both as the grantor’s heir and as the grantor’s devisee.”
Diep Bui v. Ha T. Ma, 818 N.E.2d 572 (Mass. App. Ct. 2004). · cites it 2× “Bui contended for the first time that she was entitled to possession because the lease was not binding upon her, relying upon two alternative rationales: first, that she had no actual knowledge of the lease prior to purchase and, therefore, the unrecorded lease for a term of…”
Tramontozzi v. D'AMICIS, 183 N.E.2d 295 (Mass. 1962). · cites it 4× “A mortgage referred to in the probate inventory, filed in the Registry of Probate in connection with the probate of the estate of the record owner of the real estate covered by said mortgage, is not by reason of such reference a recorded mortgage within the meaning of G. L. c.…”
Bevilacqua v. Rodriguez, 955 N.E.2d 884 (Mass. 2011). “, G. L. c. 183, § 4 (leases and deed); G. L.”
In Re Pina, 363 B.R. 314 (Bankr. D. Mass. 2007). · cites it 3× “Based upon the provisions of Mass. Gen. Laws ch. 183, §§ 4 , 43, and 44; Mass.”
Dwyer v. Rockland Trust Co. (In re Mammola), 474 B.R. 23 (Bankr. D. Mass. 2012). · cites it 3× “First, Massachusetts law does not recognize inquiry notice of unrecorded deeds or mortgages. In Massachusetts, an unrecorded deed or mortgage is valid only against the grantor, his heirs and devisees and “persons having actual notice of it.”
Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013). · cites it 3× “Mass. Gen. Laws ch. 183, § 4 (emphasis supplied).”
Show all 91 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.