A lease should be accepted for registration if the lease is signed by both the lessor and the lessee and is acknowledged by the lessor or one of several parties constituting the lessor. A notice of lease should be accepted for registration if it complies with the requirements of G.L. c. 183, § 4; namely, an instrument in writing executed by all persons who are parties to the lease of which notice is given and acknowledged by the lessor or one of several parties constituting the lessor containing
the date of execution thereof,
a description, in the form contained in such lease, of the premises demised,
the term of the lease,
with the date of commencement of such term
and all rights of extension or renewal.
A lease or notice of lease meeting these requirements shall be accepted for registration whether the original term of the lease is more or less than seven (7) years.
An amendment of a notice of lease may be accepted for registration if it is signed by both the lessor and the lessee and is acknowledged by the lessor or one of several parties constituting the lessor, provided that the notice of lease previously was filed for registration, or is being filed for registration simultaneously with the amendment. A notice of an amended lease may be accepted for registration if it complies with the requirements of G.L. c. 183, § 4 set forth in the first paragraph above. An amendment of a lease may be accepted for registration if it is signed by both the lessor and the lessee and is acknowledged by the lessor or one of several parties constituting the lessor, provided that the lease previously was filed for registration, or is being filed for registration simultaneously with the amendment.
A lease or notice of lease of less than all of the land described in the certificate of title may describe the leased premises in words or by reference to an attached plan or drawing which need not be approved by the Land Court Engineering Department.
Where the commencement date of a lease term is uncertain from the face of the document, a subsequent estoppel certificate or agreement stating the commencement date, properly acknowledged, may be registered to establish the commencement date.
If the term of a lease (including all extensions) has expired on its face, the registry should enter, adjacent to the document number of the lease or notice of lease on the Memorandum of Encumbrances of the relevant certificate, an appropriate notation such as “Expired by its Own Terms,” without need for the filing of a Supplemental Petition.