Lee, MA · Berkshire County
Subdivision Performance Guarantee by Covenant
This covenant records a subdivision owner’s commitment to provide ways and municipal services before lots may be built upon or conveyed, subject to the form’s stated exceptions.
- licensed online notary
- ~15 min average
- Notarized PDF emailed
What you’ll need
- Government-issued photo ID
- Webcam-enabled device (laptop or phone)
- This form, ready to upload as a PDF
What this form is
The covenant documents the owner’s commitment to provide ways and municipal services for lots in a subdivision before those lots may be built upon or conveyed, subject to the exceptions stated in the form. The form says the covenant takes effect when the Planning Board endorses the plan, and that it is recorded with the plan at the registry of deeds. It also addresses the interests of the covenantor’s spouse in the premises.
Who needs it
A subdivision landowner named as covenantor on a definitive plan submitted to the Planning Board needs this form to document the stated performance guarantee.
Why it needs a notary
The form has an acknowledgment block; the covenantor and any spouse signing to address an interest in the premises must acknowledge their signatures before the notary.
How to get this notarized
- 1
Download the Form
Get Form D-1 from the Town of Lee document page.
- 2
Fill In the Details
Enter the covenantor, property, subdivision plan, and execution information requested by the form.
- 3
Book an Online Notary
Schedule a session with a commissioned online notary and confirm the recipient accepts remote notarization.
- 4
Sign on Video
Appear before the notary by video and acknowledge the covenant; any spouse signing should also appear.
- 5
Submit as Directed
Follow the Planning Board’s instructions for endorsement and recording the covenant with the subdivision plan.
Preview the form
The blank PDF straight from Lee. Look it over, then upload your filled copy to start the notary session.
You’ll need ID and a webcam.
A licensed online notary will join you on video, verify your government-issued ID, witness your signature, and apply their seal. You’ll receive the notarized PDF by email when the session ends.
Frequently asked questions
- How do I complete the subdivision covenant?
- Complete the covenant details, have the required signers acknowledge their signatures before a notary, then follow the Planning Board’s directions for endorsement and recording with the plan.
- Do I need to include my spouse as a signer?
- The form provides a signature section for a spouse to agree that any interest in the premises is subject to the covenant and to release specified rights. Confirm whether it applies to you.
- Can I sign this covenant with a commissioned online notary?
- Massachusetts permanently authorized remote online notarization for its own notaries effective January 1, 2024. A commissioned online notary can notarize an acknowledgment by video; check acceptance with the recipient before signing.
- Where do I submit the signed covenant?
- The form states that the covenant is recorded when the subdivision plan is recorded. Follow the Planning Board’s instructions and confirm with the city or town clerk if unsure.