No lease of any building, land or tenement, for life or for any term exceeding one year or which provides for the renewal thereof or an option to purchase such building, land or tenement, shall be effectual against any persons other than the lessor and lessee and their respective heirs, successors, administrators and executors, unless it is in writing, executed, attested, acknowledged and recorded in the same manner as a deed of land, provided a notice of lease in writing, executed, attested, acknowledged and recorded in the same manner as a deed of land and containing (1) the names and addresses, if any are set forth in the lease, of the parties to the lease, (2) a reference to the lease, with its date of execution, (3) the term of the lease with the date of commencement and the date of termination of such term, (4) a description of the property contained in the lease, (5) a notation if a right of extension or renewal is exercisable, (6) if there is an option to purchase, a notation of the date by which such option must be exercised and (7) a reference to a place where the lease is to be on file shall be sufficient.

(1949 Rev., S. 7102; 1959, P.A. 173; 1961, P.A. 205; February, 1965, P.A. 402.)

History: 1959 act added proviso re sufficiency of lease notice; 1961 act broadened provision re effectual lease to include reference to “lessee”, “successors, administrators and executors”; 1965 act required, for sufficiency of notice of lease, inclusion of addresses of parties to lease, reference to lease with date of execution, dates of commencement and termination of lease term, notation if extension or renewal right may be exercised and if there is a purchase option, notation of deadline for exercising the option.

A writing granting liberty to flow lands for a certain time is a lease within statute. 1 R. 318. When unacknowledged lease admissible in evidence. 1 D. 17; 7 C. 420. Unacknowledged lease for more than 1 year, good for 1 year; such lease not void, but voidable by third party, as lease for more than 1 year. 21 C. 168. Unrecorded lease good to convey an interest against a cotenant. 25 C. 137. Under statute, a lease effectual against the lessor is equally so against the lessee. 46 C. 92. Lease not sealed or acknowledged good between the parties. 47 C. 33. Effect of unrecorded lease. 80 C. 15; Id., 453. Oral lease not to be performed within a year is within statute of frauds. 80 C. 263; Id., 503; 82 C. 413; 86 C. 32. Validating acts inoperative on unrecorded lease for more than 1 year; likewise where recording is after judgment in summary process. 104 C. 295. Subsequent purchaser charged with notice of instrument separate from lease. 113 C. 476. Court properly concluded that defendant was bona fide purchaser. 134 C. 349. Cited. 147 C. 411. Plaintiff had notice of defendant's prior unrecorded lease, hence restrictive covenant in plaintiff's subsequent lease is not enforceable against defendant; an unrecorded lease is not void but voidable by persons protected under statute. 167 C. 294.

Cited. 19 CA 471; 33 CA 197; 42 CA 426.

Lease signed by lessor only is none the less executed in compliance with section. 6 CS 451. Unrecorded lease valid against lessee as well as lessor. 12 CS 55. Cited. 22 CS 452.