The provisions of G. L. c.184, §25, the “indefinite reference” statute, protect titles from being or becoming subject to various types of interests which are not set forth in recorded or registered instruments.
But this statute, by its terms, does “not apply to a reference to an instrument in a notice or statement permitted by law to be recorded instead of such instrument.” For this reason, Registry Districts should not treat as indefinite references, and should not on that ground refuse to accept, documents which are notices or statements permitted by law to be recorded instead of, or in the place of, another instrument. Examples of these notices or statements include notices of lease, notices of assignment of leases, and notices of contract and of substantial completion under the mechanic’s lien statutes.
The indefinite reference statute also does not apply to a reference to the secured obligation in a mortgage or other instrument appearing of record to be given as security. It is permissible to refer--in a mortgage, collateral assignment of leases and rents, or similar registered instrument--to a promissory note, security agreement, construction agreement, construction loan agreement, option agreement, purchase and sale agreement, or similar agreement for which the mortgage or other registered document is given as security, even though the agreement referred to is not registered with the mortgage.
As to the provisions of the indefinite reference statute that deal with a conveyance to a party as trustee where there is no recorded trust instrument, see Land Court Guideline No. 51, Trusts: Conveyances to Trustees.