Section 40.1085 - Correction of Notices of Activity and Use Limitation(1) Except as provided by 310 CMR 40.1085(2), scriveners' errors and other non-substantive errors or omissions in a recorded Notice of Activity and Use Limitation, or in any Amendment, Partial Termination or Termination thereof, may be corrected by implementing a Confirmatory Activity and Use Limitation in accordance with 310 CMR 40.1085;(2) A Confirmatory Activity and Use Limitation may not be used if the property subject to the Notice of Activity and Use Limitation is registered land or to correct substantive errors or omissions in a recorded Notice of Activity and Use Limitation or Amendment. In such cases, the errors must be corrected by either: (a) terminating the Notice of Activity and Use Limitation in accordance with 310 CMR 40.1083(1)(b) and 310 CMR 40.1083(3) and immediately implementing a new Notice of Activity and Use Limitation in substitution thereof, in accordance with 310 CMR 40.1074; or(b) if the instrument being corrected is an Amendment to Notice of Activity and Use Limitation, implementing a new amendment in accordance with 310 CMR 40.1081.(3) Confirmatory Activity and Use Limitations may include any of the following: (a) Confirmatory Notice of Activity and Use Limitation;(b) Confirmatory Amendment to Notice of Activity and Use Limitation;(c) Confirmatory Partial Termination of Notice of Activity and Use Limitation; and(d) Confirmatory Termination of Notice of Activity and Use Limitation.(4) Confirmatory Activity and Use Limitations shall be implemented in accordance with the following: (a) a Confirmatory Activity and U se Limitation shall be prepared using the appropriate form set forth in 310 CMR 40.1099;(b) if a person(s) signing the Confirmatory Activity and Use Limitation is not an individual signing on his or her own behalf, but rather on behalf of an entity (LLC, LLP, limited partnership, etc.), or as trustee, executor, or attorney in fact, documentation of the person(s) signatory authority, as described in 310 CMR 40.1074(2)(c), shall be submitted as an exhibit to the Confirmatory Activity and Use Limitation;(c) the Confirmatory Activity and Use Limitation shall be recorded in the appropriate Registry of Deeds;(d) the person(s) signing the Confirmatory Activity and Use Limitation shall submit a statement, on a form prescribed by the Department, certifying that the person(s) or entity identified as the property owner(s) on the Confirmatory Activity and Use Limitation owned the property at the time the Confirmatory Activity and Use Limitation was recorded and/or registered pursuant to 310 CMR 40.1085(4)(c); and(e) within 30 days of recording any Confirmatory Activity and Use Limitation, the property owner shall submit the following to the Department: 1. a Registry copy of the Confirmatory Activity and Use Limitation; and2. a Registry copy of any required survey plan(s) referenced in the Confirmatory Activity and Use Limitation bearing the plan book/plan number(s).Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.