Mister Donut of America, Inc. v. Kemp

The principal question before us is whether a “notice of lease” recorded in a registry of deeds under G. L. c. 183, § 4, must refer to an option to purchase contained in the lease. We hold that such an option is not a right of “extension or renewal” and need not be referred to in the notice of lease. The recorded notice in this case was therefore in statutory form and was sufficient to give constructive notice of the option to the defendants, as persons not having “actual notice” of it.

The plaintiff lessee, Mister Donut of America, Inc., is the assignee of a lease made by Ernest Webby, Joseph…