Current through Register 1531, September 27, 2024
(1) Except as provided by 310 CMR 40.1085(2),
scriveners' errors and other non-substantive errors or omissions in a recorded
Notice of Activity and Use Limitation, or in any Amendment, Partial Termination
or Termination thereof, may be corrected by implementing a Confirmatory
Activity and Use Limitation in accordance with 310 CMR 40.1085;
(2) A Confirmatory Activity and Use
Limitation may not be used if the property subject to the Notice of Activity
and Use Limitation is registered land or to correct substantive errors or
omissions in a recorded Notice of Activity and Use Limitation or Amendment. In
such cases, the errors must be corrected by either:
(a) terminating the Notice of Activity and
Use Limitation in accordance with
310
CMR 40.1083(1)(b) and
310
CMR 40.1083(3) and
immediately implementing a new Notice of Activity and Use Limitation in
substitution thereof, in accordance with
310
CMR 40.1074; or
(b) if the instrument being corrected is an
Amendment to Notice of Activity and Use Limitation, implementing a new
amendment in accordance with
310
CMR 40.1081.
(3) Confirmatory Activity and Use Limitations
may include any of the following:
(a)
Confirmatory Notice of Activity and Use Limitation;
(b) Confirmatory Amendment to Notice of
Activity and Use Limitation;
(c)
Confirmatory Partial Termination of Notice of Activity and Use Limitation;
and
(d) Confirmatory Termination of
Notice of Activity and Use Limitation.
(4) Confirmatory Activity and Use Limitations
shall be implemented in accordance with the following:
(a) a Confirmatory Activity and U se
Limitation shall be prepared using the appropriate form set forth in
310
CMR 40.1099;
(b) if a person(s) signing the Confirmatory
Activity and Use Limitation is not an individual signing on his or her own
behalf, but rather on behalf of an entity (LLC, LLP, limited partnership,
etc.), or as trustee, executor, or attorney in fact,
documentation of the person(s) signatory authority, as described in
310
CMR 40.1074(2)(c), shall be
submitted as an exhibit to the Confirmatory Activity and Use
Limitation;
(c) the Confirmatory
Activity and Use Limitation shall be recorded in the appropriate Registry of
Deeds;
(d) the person(s) signing
the Confirmatory Activity and Use Limitation shall submit a statement, on a
form prescribed by the Department, certifying that the person(s) or entity
identified as the property owner(s) on the Confirmatory Activity and Use
Limitation owned the property at the time the Confirmatory Activity and Use
Limitation was recorded and/or registered pursuant to 310 CMR 40.1085(4)(c);
and
(e) within 30 days of recording
any Confirmatory Activity and Use Limitation, the property owner shall submit
the following to the Department:
1. a
Registry copy of the Confirmatory Activity and Use Limitation; and
2. a Registry copy of any required survey
plan(s) referenced in the Confirmatory Activity and Use Limitation bearing the
plan book/plan number(s).
