Estimated study time: 45 minutes
Content:
Recording is the act of filing a real property document with the county Registry of Deeds (or, for registered land, the Land Court), making the document a permanent part of the public record. Recording is not required for a deed to be effective between the parties — delivery and acceptance create the conveyance — but recording is essential to protect the buyer's interest against subsequent purchasers and creditors. The recording system in Massachusetts operates under the "race-notice" statute: to take priority over a prior unrecorded instrument, a subsequent purchaser must (1) record first and (2) take without actual or constructive notice of the prior interest. A buyer who records their deed before a prior buyer records takes priority if the subsequent buyer had no actual knowledge of the prior unrecorded deed (and paid value).
Constructive notice is the legal presumption that all parties know the contents of properly recorded documents. Once a deed, mortgage, easement, or lien is recorded at the Registry of Deeds, the law treats all subsequent buyers and lenders as having knowledge of it — they are "on constructive notice" regardless of whether they actually reviewed the record. Actual notice is direct knowledge — being told about an interest or seeing it personally. The recording system creates a searchable chain of title that allows title attorneys, lenders, and buyers to investigate ownership history. The Registry indexes documents by grantor name, grantee name, and chronological order; the grantor-grantee index is the primary search tool.
The Massachusetts Registry of Deeds operates in each county (21 registries), and records are available online at masslandrecords.com. Documents that should be recorded include: deeds, mortgages and mortgage discharges, condominium master deeds and declarations of trust, easements and deed restrictions, homestead declarations, lis pendens (notice of pending litigation affecting the property), attachments (prejudgment liens), mechanic's liens, Chapter 21E activity and use limitations, and any other instrument affecting title. Recording fees are set by statute and charged per page of the document. The recording fee for the deed is typically a buyer's closing cost, while the recording fee for the mortgage discharge is a seller's expense.
Registered land (Torrens system) operates differently from recorded land. The Land Court maintains the official record of registered land; transfers of registered land must be registered (not merely recorded at the Registry) to be effective against third parties. A deed of registered land is not effective as a conveyance to a third-party purchaser until the deed is presented to the Land Court, examined, and the Certificate of Title is updated. The Certificate of Title for registered land overrides all prior documents not appearing on the Certificate. Massachusetts has a significant amount of registered land, particularly in the eastern part of the state; title attorneys must determine whether property is recorded or registered before conducting a search.
Key Terms:
Quiz Questions:
Q1. Seller A conveys property to Buyer 1 by deed, but Buyer 1 does not record the deed. Two weeks later, Seller A (acting fraudulently) conveys the same property to Buyer 2, who pays value and has no knowledge of the prior sale. Buyer 2 records the deed immediately. Under Massachusetts law, who has title?
A) Buyer 1 — the first deed in time is always superior B) Buyer 2 — Buyer 2 recorded first and had no notice of the prior sale (race-notice) C) Neither buyer — Seller A's fraud voids all conveyances D) Buyer 1 — once title transfers, Seller A had nothing to convey to Buyer 2
Answer: B — Massachusetts is a race-notice jurisdiction. Buyer 2 recorded first and took without actual or constructive notice of Buyer 1's unrecorded deed. Buyer 2 has priority. This illustrates why recording promptly is essential.
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Q2. A homeowner files a homestead declaration at the Registry of Deeds. A subsequent judgment creditor claims they had no knowledge of the homestead. Does the judgment creditor take the property free of the homestead?
A) Yes — creditors are not bound by homestead declarations recorded after the debt arose B) No — the recorded homestead declaration gives constructive notice to all subsequent creditors C) Yes — homestead declarations only bind parties who receive actual written notice D) No — but only if the creditor personally searched the Registry records
Answer: B — Recording the homestead declaration creates constructive notice. All subsequent parties — including judgment creditors — are deemed to have knowledge of the recorded homestead. The creditor's claim is subject to the homestead protection.
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Q3. A Massachusetts property is registered land. The current owner transfers the property by deed to a buyer. The buyer does not bring the deed to the Land Court for registration. Is the buyer protected against a subsequent purchaser from the same seller?
A) Yes — delivery and acceptance of the deed protect the buyer B) No — for registered land, a deed is not effective against third parties until registered at the Land Court and the Certificate of Title is updated C) Yes — recording at the Registry of Deeds is sufficient even for registered land D) No — but only if the subsequent purchaser pays more than the original buyer
Answer: B — Registered land transfers must be registered at the Land Court to be effective against third parties. Unlike recorded land, where recording at the Registry provides protection, registered land requires Land Court registration. Failure to register promptly risks losing priority.
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Q4. A builder completes work on a home renovation but is not paid. The builder wants to protect their claim for payment. What document should the builder record at the Registry of Deeds?
A) A lis pendens, notifying the world of pending litigation B) A mechanic's lien, claiming a security interest in the property for the value of labor and materials C) A deed of trust in favor of the builder D) A notice of claim at the local court only
Answer: B — A mechanic's lien protects contractors, subcontractors, and material suppliers who improve real property and are not paid. Massachusetts mechanic's lien law requires filing at the Registry of Deeds within specified time limits. The lien attaches to the property and must be discharged before clear title can be conveyed.
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Q5. A title search reveals a lis pendens recorded against a property the buyer wants to purchase. What does this mean, and should the buyer be concerned?
A) A lis pendens is a routine administrative filing; the buyer can proceed without concern B) A lis pendens indicates pending litigation affecting title; the buyer takes the property subject to the outcome of the litigation if they proceed C) A lis pendens automatically voids all subsequent conveyances of the property D) A lis pendens is a lien for unpaid taxes; the buyer must pay the taxes at closing
Answer: B — A lis pendens is recorded notice of pending litigation affecting the title to real property (e.g., a foreclosure action, boundary dispute, or claim by a prior owner). Anyone who purchases the property after the lis pendens is recorded takes subject to the outcome of the litigation. A buyer discovering a lis pendens should investigate the nature of the litigation before proceeding.
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