Massachusetts § 28 - Restrictions imposed before January 1, 1962; limitations on enforceability; extension of period

§ 28. Restrictions imposed before January 1, 1962; limitations on enforceability; extension of period

Section 28. No restriction imposed before January first, nineteen hundred and sixty-two shall be enforceable after the expiration of fifty years from its imposition unless a notice of restriction is recorded before the expiration of such fifty years or before January first, nineteen hundred and sixty-four, whichever is later, and in case of such recording, twenty years have not expired after the recording of any notice of restriction without the recording of a further notice of restriction.

A notice of restriction under this section shall not extend the period of enforceability unless (a) it meets the requirements specified by the last paragraph of section twenty-seven, or (b) the restriction was imposed as part of a common scheme applicable to four or more parcels contiguous except for any intervening streets or ways and the notice (1) is signed by a person then entitled of record to the benefit of the restriction and describes his benefited land, if any, (2) describes the subject parcels to be affected, and (3) specifies the way or ways, public or open to public use, upon which each such parcel abuts, or nearest to which it is located and its street number, if any, and (4) specifies the instrument imposing the restriction and its place of record in the public records. The holder of record of a recorded mortgage upon any land may sign a notice under this section in place of the owner thereof if the notice specifies the mortgage and its place of record in the public records and names one or more of the persons appearing of record to own the land at that time.