Massachusetts General Laws
Mass. Gen. Laws ch. 203, § 2 (2026)
Record of trust; notice
✓ current as of July 2026
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Section 2. If a trust concerning land is created or declared by such instrument, the recording of the instrument, or of a certificate conforming to the requirements of section 35 of chapter 184, in the registry of deeds or the registration office of the land court, in either case for the county or district where the land lies, shall be equivalent to actual notice to every person claiming under a conveyance, attachment or execution thereafter made or levied.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1927–2024 · leading case: Rogaris v. Albert, 730 N.E.2d 869 (Mass. 2000).
Rogaris v. Albert, 730 N.E.2d 869 (Mass. 2000). “The parties’ arguments in this case focus on whether the buyer had constructive notice of the trust provisions pursuant to G. L. c. 203, § 2, and was therefore bound by its terms.”
Cleval v. Sullivan, 154 N.E. 920 (Mass. 1927). “After the *352 delivery of the deed, the declaration of trust was executed and, was duly recorded as required by G. L. c. 203, § 2. Sturtevant v. Jaques, 14 Allen, 523 .”
Lisa A. MacKey v. Santander Bank, N.A. (Mass. App. Ct. 2024). “The fact that 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…”
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