Section 35. Notwithstanding section 25 to the contrary, a certificate sworn to or stated to be executed under the penalties of perjury, and in either case signed by a person who from the records of the registry of deeds or of the registry district of the land court, for the county or district in which real estate owned by a nontestamentary trust lies, appears to be a trustee thereunder and which certifies as to: (a) the identity of the trustees or the beneficiaries thereunder; (b) the authority of the trustees to act with respect to real estate owned by the trust; or (c) the existence or nonexistence of a fact which constitutes a condition precedent to acts by the trustees or which are in any other manner germane to affairs of the trust, shall be binding on all trustees and the trust estate in favor of a purchaser or other person relying in good faith on the certificate. The certificate most recently recorded in the registry of deeds for the county or district in which the real estate lies shall control.
Notes of Decisions
Cited in
3
cases (
3 in the last 5 years), 2021–2025 · leading case:
Griffin v. Carvill (2021).
Griffin v. Carvill (2021).
“Tesiny's conveyance to the Trust of a 2/3ds interest in the Property, Trustees Tesiny and Tobey submitted for registration a trustee's certificate pursuant to G.L. c. 184, § 35. The Registry District registered the certificate as Document No.”
Lisa A. MacKey v. Santander Bank, N.A. (Mass. App. Ct. 2024).
“Instead, the judge relied on a third ground, namely that the mortgage was valid by operation of G. L. c. 184, § 35 (§ 35). The motion judge denied each party's motion for reconsideration.”
Southcoast Redevelopment, LLC v. William R. Murdoch. (Mass. App. Ct. 2025).
“Even if the trustee sold the property in a manner inconsistent with the terms of the trust, which we do not and need not decide, such a defect would not disturb the plaintiff's title, so long as the plaintiff relied in good faith on a trust certificate executed pursuant to G. L.…”
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.