Massachusetts General Laws
Mass. Gen. Laws ch. 183, § 5 (2026)
Recording of instruments; evidence of delivery
✓ current as of July 2026
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Section 5. The record of a deed, lease, power of attorney or other instrument, duly acknowledged or proved as provided in this chapter, and purporting to affect the title to land, shall be conclusive evidence of the delivery of such instrument, in favor of purchasers for value without notice claiming thereunder.
Notes of Decisions
Cited in 3
cases, 1995–2012 · leading case: Gagnon v. Coombs, 654 N.E.2d 54 (Mass. App. Ct. 1995).
Gagnon v. Coombs, 654 N.E.2d 54 (Mass. App. Ct. 1995). “See G. L. c. 183, § 5. In February, 1991, Gagnon’s wife had to enter a nursing home.”
Viola v. Millbank II Assocs., 688 N.E.2d 996 (Mass. App. Ct. 1997). “Final judgment for the plaintiffs was entered declaring that the developers may not construct phases II and III of the condominium without the unanimous consent of the individual unit owners as required by G. L. c. 183, § 5(6). The developers appeal from this judgment.”
McEachern v. Budnick, 964 N.E.2d 999 (Mass. App. Ct. 2012). “See G.L. c. 183, § 5. Though the original document has not been located, the record includes a photocopy of the signed instrument, and the parties do not dispute its accuracy.”
— Mass. Gen. Laws ch. 183, § 5(6) — 1 case
Viola v. Millbank II Assocs., 688 N.E.2d 996 (Mass. App. Ct. 1997). “Final judgment for the plaintiffs was entered declaring that the developers may not construct phases II and III of the condominium without the unanimous consent of the individual unit owners as required by G. L. c. 183, § 5(6). The developers appeal from this judgment.”
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