Killam v. March
Supreme Judicial Court of Massachusetts
55 N.E.2d 945 (Mass. 1944)
Relevant factsFree
The Killams (plaintiffs) purchased registered land, receiving a certificate of title listing only a mortgage and sewer assessments, but knowing before purchase that a neighboring 25-year driveway-and-garage lease from their predecessor to the Marches (defendants) had never been registered. The Killams sued to clear their title of the Marches' lease, and the trial court found their title subject to the lease; they appealed.
IssueFree
Whether a purchaser of registered land who has actual notice of an unregistered lease takes the land subject to the lease.