Massachusetts General Laws

Mass. Gen. Laws ch. 184, § 34 (2026)

Good faith purchasers of interests in real estate from trustees; binding effect on trust; recording conditions

✓ current as of July 2026

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Section 34. Any recordable instrument purporting to affect an interest in real estate executed by any person or persons who, in the records of the registry of deeds for the county or district in which the real estate lies, are or appear to be the trustees of a trust shall be binding on the trust in favor of a purchaser or other person relying in good faith on such instrument, notwithstanding (a) inconsistent provisions of the trust, unless said trust is recorded in said registry of deeds, with the place of recording referred to in some instrument in the chain of title to the real estate affected, (b) any amendment, revocation, removal or resignation of trustee, appointment of additional trustee, or other matter affecting the trust, unless the same is recorded in said registry of deeds and noted on the margin of said trust in said registry, or (c) any inadequacy in the consideration recited. As used in this section the term ''trust'' shall not include a trust under a will.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1984–2024 · leading case: Penta v. Concord Auto Auction, Inc., 511 N.E.2d 642 (Mass. App. Ct. 1987).

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Penta v. Concord Auto Auction, Inc., 511 N.E.2d 642 (Mass. App. Ct. 1987). “Compare G. L. c. 184, § 34. As there is a genuine issue of fact with respect to the plaintiff’s knowledge at the time of the execution of the agreement, the order for partial summary judgment was inappropriate.”

Plunkett v. First Fed. S & L Ass'n of Boston, 464 N.E.2d 1381 (Mass. App. Ct. 1984). “[17] Because Foti's certificate of August 1, 1972, was filed by one not then a trustee of the trust, the certificate is not entitled to the conclusive effect to be given to certificates of a trustee by art.”

Plunkett v. First Fed. Sav. & Loan Ass'n, 18 Mass. App. Ct. 294 (Mass. App. Ct. 1984). “Because Foti’s certificate of August 1, 1972, was filed by one not then a trustee of the trust, the certificate is not entitled to the conclusive effect to be given to certificates of a trustee by art.”

Mackey v. Santander Bank, N.A. (Mass. App. Ct. 2020). · cites it 2× “2 We conclude that the doctrine is unavailable in this case because James was not a trustee of the trust holding title to the real estate at the time the mortgage was granted or any time thereafter.”

Lisa A. MacKey v. Santander Bank, N.A. (Mass. App. Ct. 2024). “Santander invited us to affirm on an alternative ground raised for the first time on appeal: that the mortgage was valid by operation of G. L. c. 184, § 34 (§ 34). Mackey v. Santander Bank, N.”

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