A notice of lease recording is a document used to record a lease in the official records in order to provide notice to third parties that a lease exists on a certain parcel of real estate. It is used in lieu of recording the entire lease agreement.
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Notice of Lease Recording FAQ
Just a short version of the lease agreement? The notice of lease for recording appears to be a short version of the lease itself. The reason for this format is that some detailed leases may be many pages in length, and filing space is a consideration at the courthouse property records department. Another reason is that often some provisions of the lease are confidential, so in order to avoid their display in the public records, a shortened version is used.
Why is recording the notice of lease necessary? The purpose of filing the notice is to secure legal claim to the land exclusive of any other potential claim. When the lease has been recorded, any other lease or sale of the land that does not take into account the existing lease will likely be void. Failure to record the lease may result in legal problems if someone else attempts to purchase the land unbeknownst to the lessee.
What is the proper format for a notice of lease recording? USLF's lease recording forms are researched on a state-by-state basis, and tailored to reflect the statutory requirements of each state. Proper court names and filing terminology are included for each state. A "preview" is available for these forms in order to allow you to view it before deciding whether or not to purchase the form.
Are witness and acknowledgment requirements addressed? If a state's statutes require a witness or witnesses to the exectution (signing) of the lease recording document, witness blanks are provided on the form. If the lease recording form must be signed in the presence of a Notary Public (a requirement in many states) the proper statutory acknowledgment form and/or appropriate blanks for the Notary's signature and stamp are provided.