Recording

Recording a lease means that it is submitted to the public record, at the registry of deeds where the property is located. Some states require that certain kinds or length of leases be recorded, so parties should review their applicable state laws. If either Party prefers not to disclose the specifics of the lease, a Notice of Lease or Memorandum of Lease may be recorded instead. The Notice of Lease contains limited information regarding the lease. If the Parties anticipate recording a Notice of Lease, it is good practice to agree on the Notice’s language ahead of time and to include the Notice as an attachment to the lease.

These text examples (in italics) illustrate what you might include in parts of this section. Example text is not intended as “sample” or “model” language, or as “best practice.” You may copy and paste example text into the template, then modify it for your working lease document. Or you can learn from the examples in order to develop your own text.

• The Lessor and Lessee identified below are Parties to a certain lease agreement dated [date] containing the following terms and conditions:
  [name Lessor and Lessor address; lessee and Lessee address; leased property; date of execution and term; rights to renew or extend; rights to purchase or right of first refusal; right to assignment or sublease]
• This notice of lease will be recorded in the town of __________to provide notice of the lease pursuant to [legal citation if appropriate]. This Memorandum of Lease is not intended to amend or modify the terms and conditions of the lease.