Legal Opinion

Baystate Discounts, Inc. v. Haven Real Estate Grp., LLC.

Massachusetts Appeals Court

Decided September 5, 2017No. 16-P-709Published

1Opinion of the Court

At issue is a lease, made in 2002, for a term exceeding seven years, which was not recorded at the registry of deeds. The plaintiffs, BayState Discounts, Inc. (BayState) and Essex Development Nominee Trust (Essex), colessees, commenced an action seeking judicial enforcement of the lease against Haven Real Estate Group, LLC (Haven), the defendant, which purchased the subject real estate in 2011: an eight-story building and related land parcel. Haven, moving for partial summary judgment,3 asserted that it had made the purchase without notice of the lease, and thus, under G. L. c. 183, § 4, the…

2Cases cited9 opinions

  1. Sullivan v. Boston Gas Co.Massachusetts Supreme Judicial Court · 1993
  2. McCarthy v. LaneMassachusetts Supreme Judicial Court · 1938
  3. Chambers v. RDI Logistics, Inc.Massachusetts Supreme Judicial Court · 2016
  4. Tramontozzi v. D'AMICISMassachusetts Supreme Judicial Court · 1962
  5. Margoley v. CommonwealthCourt of Appeals of Kentucky · 1861

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