[MassHistPres] Deed Restrictions on privately owned home, Waltham MA

[Steinitz, Michael (SEC)]

If as long as possible means permanently, in Massachusetts perpetual preservation restrictions in a deed or otherwise conveyed need to meet the statutory requirements of Massachusetts General Laws, Chapter 184, sections 31-33, including a qualified holder to administer and enforce the restrictions (a governmental body or qualified charitable corporation or trust).  As such restrictions require signature approval by the Massachusetts Historical Commission, we can provide  some guidance.  Such restrictions could be conveyed to a qualified holder in a recorded preservation restriction agreement prior to a sale, and then be binding on the purchaser and all future owners.


Michael


Michael Steinitz

Deputy State Historic Preservation Officer

Director, Preservation Planning Division

Massachusetts Historical Commission

220 Morrissey Blvd

Boston MA 02125

michael.steinitz at sec.state.ma.us<mailto:michael.steinitz at sec.state.ma.us>


Working primarily remotely - please use email to contact.




________________________________
From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of Lyons, Pamela <plyons at city.waltham.ma.us>
Sent: Wednesday, July 15, 2020 1:19:27 PM
To: masshistpres at cs.umb.edu; masshistpres-request at cs.umb.edu
Cc: Erica & Morty
Subject: [MassHistPres] Deed Restrictions on privately owned home, Waltham MA


Hello,

One of the most historic homes in Waltham, MA, is now going on the market.  The current owner, who cares very deeply about the history of the house, would like to put a restriction in the deed that would protect the outside appearance of the historic portions of the house for as long as possible.  There were some small changes in the house made in the past 20 years that would not need protection.  He has contacted the Waltham Historical Commission for help in finding the appropriate language to add to the deed.  If anyone has experience with adding historic preservation restrictions to deeds for private homes, and could forward  to us examples of successful wording for such restrictions, it would be much appreciated.  Thank you.



Waltham Historical Commission





Pamela Lyons

Administative Assistant

Building Maintenance / Historical Commission

P: 781-314-3191

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