The Law of Mechanics' Liens Upon Real Estate in Massachusetts

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... one shall contain a description of the property released, and shall be recorded, and the bond may be taken from the registry, as provided in section forty-three of chapter one hundred and ninetyone of the Public Statutes, and the lien shall not be dissolved until the bond is so recorded. The bond, in order to be effectual to dissolve the lien, and to prevent the issuance of an order of sale, must have as principal a person having an interest in the land at the time it is filed. Glcndon Co. v. Tozm1scnd, 120 Mass. 346; Landers v. Adams, 165 Mass. 415. The only exception to this rule is the limited one provided for by st. 1890, ch. 383. Sect. 43. The bond referred to in the preceding section shall contain a description of the property or interest released, and the obligor shall cause it to be recorded within ten days after its approval in the registry of deeds for the county or district in which the property lies, and the lien shall not be dissolved until the bond is so recorded. The bond may be taken by the obligee from the registry at any time after it has been recorded. Sect. 44. When it appears of record in the court in which a suit is pending for enforcing a lien under this chapter that the lien has been in any manner dissolved, the clerk of the court shall forward to the register of deeds for the county or district in which the property is situated a certificate of the fact and manner of such dissolution. The register shall file such certificate with the statement mentioned in section six, and shall also make a record thereof with the record of said statement. Sect. 45. When a debt secured by a lien under this chapter is fully paid, the creditor by himself or his attorney shall, at the expense of the debtor, enter a discharge of his lien on the margin ..