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FAQs

Recording Leases

What does it mean to “record a lease,” and why should the parties to a farm lease do it?

Recording a lease means that it (or a Notice of Lease) is submitted to the public record, usually at the local Registry of Deeds following the signing of it by both parties. Generally, recording of the lease protects the tenant against subsequent claims to the property. If the Landowner dies or sells the property during the lease term, a recorded lease helps ensure that the new owner adheres to the lease agreement (if that is specifically stated in the lease). Some states require that certain kinds or length of leases be recorded, so parties should review their applicable state laws.

 

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Who can attach a lease or Notice of Lease for farmland to a deed at the Registry of Deeds?

A landowner who is leasing out farmland has the right record the lease or Notice of Lease. The farm tenant may record the lease or Notice of Lease. The parties should determine whether the lease or the Notice of Lease should be recorded. It’s in the tenant’s interest to at least record a Notice of Lease.

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