Mass. Gen. Laws » Part II Title I Chapter 184
Massachusetts General Laws

Mass. Gen. Laws ch. 184, § 25 (2026)

Indefinite references; effect; application

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1961–2023 · leading case: Devine v. Town of Nantucket, 449 Mass. 499 (Mass. 2007).
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Devine v. Town of Nantucket, 449 Mass. 499 (Mass. 2007). · cites it 4× “” The town argues that the recording provision of G. L. c. 184, § 25, is limited to instruments of “indefinite reference” and does not apply to taking orders under G.”
Labounty v. Vickers, 225 N.E.2d 333 (Mass. 1967). · cites it 2× “The defendants argue that G. L. c. 184, § 25, makes this easement unenforceable.”
Asian Am. Civic Ass'n v. Chinese Consol. Benevolent Ass'n of New England, Inc., 681 N.E.2d 882 (Mass. App. Ct. 1997). · cites it 3× “’’An indefinite reference, under the statute, is, broadly speaking, one to an instrument that is not recorded in due course.”
Myers v. Salin, 431 N.E.2d 233 (Mass. App. Ct. 1982). “184, § 25, does not seem to us of significance in the face of the apparent general statutory use of the word “restrictions” as applying to all types of land use restraints other than clearly affirmative easements. See 1967 Ann. Survey Mass. Law § 1.”
Mishara v. Albion, 171 N.E.2d 478 (Mass. 1961). · cites it 2× “294, § 1, inserting G. L. c. 184, § 25) impliedly confirms, in clause (1), that doubts had been raised by “a recital indicating directly or by implication that real estate may be subject to restrictions, easements, mortgages, encumbrances or other interests not created by…”
Well-Built Homes, Inc. v. Shuster, 834 N.E.2d 1213 (Mass. App. Ct. 2005). “” G. L. c. 184, § 25. In terms that do not precisely track the language of the separation agreement, the deed sets out the following exception from the restrictions to be imposed: “It is agreed and understood that to the extent that the restrictions and obligations apply to…”
Opinion of the Justices to the Governor, 274 N.E.2d 336 (Mass. 1971). “311, § 1; G. L. c. 184, § 25, inserted by St. 1959, c.”
Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014). · cites it 5× “Huitín (the “Debtor”), filed a complaint seeking to avoid a transfer of the Debtor’s interest in real property, alleging that the transfer had not been recorded in due course pursuant to Mass. Gen. Laws ch. 184, § 25 (“Section 25”).”
Chelsea Restoration Corp. v. Yakshamkin, LLC, 20 Mass. L. Rptr. 530 (Mass. Super. Ct. 2005). · cites it 2× “Greenpoint attempts to answer this absence of language in §1271 itself by reliance on two other statutes, G.L.c. 184, §25, and G.L.c. 223, §66. At least at this stage of the case, neither statute appears to provide the grounds for concluding that CRC’s failure to identify and…”
Cormier v. Murray (Mass. App. Ct. 2023). “With respect to recording, G. L. c. 184, § 25, provides that "[n]o instrument shall be deemed recorded in due course unless so recorded .”
Devine v. Town of Nantucket, 27 Mass. L. Rptr. 579 (Mass. Super. Ct. 2010). “In a decision issued on November 2,2005, the Court found that the town had failed to take reasonable steps to determine the record owner of the property and thus that the order of taking was not properly listed in the grantor index, was not recorded “in due course” as required…”
Blackstone Smithfield Corp. v. Town of Blackstone, 30 Mass. L. Rptr. 573 (Mass. Super. Ct. 2012). “also G.L.c. 184, §25 (invalidating indefinite references to “encumbrances or other interests not created by instruments recorded in due course”).”
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