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

Mass. Gen. Laws ch. 184A, § 5 (2026)

Options; preemptive rights; leases; easements; validity

✓ current as of July 2026
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Section 5. (a) An option in gross with respect to an interest in land or minerals or a preemptive right in the nature of a right of first refusal in gross with respect to an interest in land or minerals becomes invalid if it is not exercised within thirty years after its creation.

(b) A lease to commence at a time certain or upon the happening of a future event becomes invalid if its term does not actually commence in possession within thirty years after its execution.

(c) A nonvested easement in gross becomes invalid if it does not vest within thirty years after its creation.

(d) Any option in gross with respect to an interest in land or minerals, or a preemptive right in the nature of a right of first refusal in gross with respect to an interest in land or minerals, or a lease, or a nonvested easement in gross which option in gross, preemptive right in the nature of a right of first refusal in gross, lease, or nonvested easement in gross held by a government or government agency or subdivision or by a public instrumentality or public authority or by a quasi-public entity, or by an instrumentality created pursuant to chapter forty F becomes invalid if it is not exercised or becomes vested within fifty years after its creation.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1993–2024 · leading case: Bortolotti v. Hayden, 449 Mass. 193 (Mass. 2007).
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Bortolotti v. Hayden, 449 Mass. 193 (Mass. 2007). · cites it 4× “668, § 1 (USRAP), it would be valid pursuant to G. L. c. 184A, § 5, which provides that “a preemptive right in the nature of a right of first refusal in gross with respect to an interest in land or minerals becomes invalid if it is not exercised within thirty years after its…”
Peterson v. Tremain, 621 N.E.2d 385 (Mass. App. Ct. 1993). “See G. L. c. 184A, § 5(a), as appearing in St.”
Amell v. Kucewicz, 53 F. Supp. 2d 145 (D. Mass. 1999). “…law requires that agreements affecting real estate must be exercised within thirty years of their creation. See Mass. Gen. Laws ch. 184A, § 5(a).”
Blackman's Point Homeowners' Ass'n, Inc. v. Call (Mass. App. Ct. 2024). · cites it 2× “184, § 23, and G. L. c. 184A, § 5, as a general guide, .”
— Mass. Gen. Laws ch. 184A, § 5(a) — 2 cases
Peterson v. Tremain, 621 N.E.2d 385 (Mass. App. Ct. 1993). “See G. L. c. 184A, § 5(a), as appearing in St.”
Amell v. Kucewicz, 53 F. Supp. 2d 145 (D. Mass. 1999). “…law requires that agreements affecting real estate must be exercised within thirty years of their creation. See Mass. Gen. Laws ch. 184A, § 5(a).”
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