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General Laws of Massachusetts - Chapter 185 the Land Court and Registration of Title to Land.
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Massachusetts Laws > The Land Court and Registration of Title to Land > General Laws of Massachusetts - Chapter 185 the Land Court and Registration of Title to Land.
The Land Court.
- Massachusetts General Laws - Jurisdiction of land court; place of sittings; sales; rules and forms of procedure - Chapter 185, Section 1
The land court department established under section one of chapter two hundred and eleven B shall be a court of record, and wherever the words...
- Massachusetts General Laws - Justices; chief justice; powers - Chapter 185, Section 2
The land court department shall consist of 6 associate justices appointed to the land court department. The justice as provided under section one of chapter...
- Massachusetts General Laws - Repealed, 1937, 409, Sec. 4 - Chapter 185, Section 2A
Chapter 185: Section 2A. Repealed, 1937, 409, Sec. 4
- Massachusetts General Laws - Scheduling of sessions - Chapter 185, Section 3
The court may be held by one judge and simultaneous sessions may be held, either in the same county or in different counties, and shall...
- Massachusetts General Laws - Processes - Chapter 185, Section 4
Processes issuing from the court shall bear teste of the judge, shall be under the seal of the court and be signed by the recorder.
- Massachusetts General Laws - Repealed, 1978, 478, Sec. 84 - Chapter 185, Section 5
Chapter 185: Section 5. Repealed, 1978, 478, Sec. 84
- Massachusetts General Laws - Recorder; appointment; powers and duties - Chapter 185, Section 6
The governor, with the advice and consent of the council, shall appoint a recorder, who shall hold office during good behavior, but subject, however, to...
- Massachusetts General Laws - Custody and control of papers and documents - Chapter 185, Section 7
The recorder shall be under the direction of the chief justice of the land court division and shall have the custody and control of all...
- Massachusetts General Laws - Places recorder or deputy allowed to act - Chapter 185, Section 8
The recorder and any deputy recorder may act in any county, and after land has been registered, may make all memoranda affecting the title and...
- Massachusetts General Laws - Facsimile signature of recorder - Chapter 185, Section 9
A facsimile of the signature of the recorder, imprinted by him or by such office assistant as he in writing may designate, on any paper...
- Massachusetts General Laws - Registers of deeds acting as assistant recorders - Chapter 185, Section 10
The register of deeds in each district where land has been registered shall have the same authority as the recorder to make memoranda affecting the...
- Massachusetts General Laws - Technical assistants - Chapter 185, Section 10A
The assistant recorder in any registry, with the approval of the chief justice of the land court department, may appoint one or more technical assistants...
- Massachusetts General Laws - Oath and bond of recorder and assistant recorders; additional duties - Chapter 185, Section 11
The recorder and all assistant recorders shall be sworn before the chief justice of the land court, and a record thereof shall be made. They...
- Massachusetts General Laws - Examiners of title; appointment; acting for recorder - Chapter 185, Section 12
The chief justice of the land court department may appoint one or more examiners of title who shall be attorneys at law and he may...
- Massachusetts General Laws - Court officers - Chapter 185, Section 13
Upon request of the chief justice, the sheriff of any county other than Suffolk shall assign a deputy to attend the sittings of the land...
- Massachusetts General Laws - Stenographers - Chapter 185, Section 13A
At the trial of any issue of fact in the land court department the first justice may appoint a stenographer, who shall be sworn and...
- Massachusetts General Laws - Salaries and expenses; practice of law; fees - Chapter 185, Section 14
The salary of the recorder of the land court department shall be 81.57 per cent of the salary of the chief justice of said department...
Procedure.
- Massachusetts General Laws - Trial of causes and questions of fact; jury trials; transfer of actions to superior court - Chapter 185, Section 15
Except as provided in section sixteen, all cases in the land court shall be tried and all questions of fact finally determined by the court,...
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 26 - Chapter 185, Section 15A
Chapter 185: Section 15A. Repealed, 1973, 1114, Sec. 26
- Massachusetts General Laws - Appeal from judgment for jury trial - Chapter 185, Section 16
At any time before the expiration of thirty days from the entry of a judgment in a case, any party aggrieved by such judgment who...
- Massachusetts General Laws - Certification from clerk of superior court to land court; further proceedings before land court - Chapter 185, Section 17
The clerk of the superior court, after the determination of issues from the land court, shall certify to the land court such determination, which shall...
- Massachusetts General Laws - 19. Repealed, 1973, 1114, Sec. 27 - Chapter 185, Section 18
Chapter 185: Section 18, 19. Repealed, 1973, 1114, Sec. 27
- Massachusetts General Laws - Repealed, 1931, 387, Sec. 2 - Chapter 185, Section 20
Chapter 185: Section 20. Repealed, 1931, 387, Sec. 2
- Massachusetts General Laws - Costs - Chapter 185, Section 21
Costs shall be taxed and the collection enforced as in the superior court unless a different provision is made.
- Massachusetts General Laws - Filing of writs, complaints, bills and pleadings - Chapter 185, Section 22
Writs, complaints, bills and pleadings in proceedings in the land court may be filed with the recorder of the land court, or with the register...
- Massachusetts General Laws - Filing and indexing of final judgments and executions in county where land lies - Chapter 185, Section 23
The recorder shall transmit copies of all final judgments and executions in proceedings mentioned in section twenty-two to the register of deeds for the district...
- Massachusetts General Laws - Reference to examiner; examination and report - Chapter 185, Section 24
The court may refer any such proceeding to one of the examiners appointed under section twelve, who shall examine and report on whatever matters of...
- Massachusetts General Laws - Powers of land court - Chapter 185, Section 25
In all matters within its jurisdiction, the court shall have all the powers which the superior court has including power to grant injunctions and restraining...
- Massachusetts General Laws - Power of land court to enforce orders, sentences, judgments and decrees; contempts - Chapter 185, Section 25A
The court shall have like power and authority for enforcing orders, sentences, judgments and decrees made or pronounced in the exercise of any jurisdiction vested...
Original Registration.
- Massachusetts General Laws - Complaints for registration of title - Chapter 185, Section 26
Complaints for registration of title may be made by the following persons: First, Persons who claim, singly or collectively, to own the legal estate or...
- Massachusetts General Laws - Complaints for confirmation of title without registration - Chapter 185, Section 26A
Complaints for the confirmation of title without registration may be made by the following persons: First, Persons who claim, singly or collectively, to own a...
- Massachusetts General Laws - Filing of petition; memorandum relating to petition; duties of assistant recorder - Chapter 185, Section 27
The petition may be filed with the recorder, or with the assistant recorder at the registry of deeds for any district where the land, or...
- Massachusetts General Laws - Form and content of complaint - Chapter 185, Section 28
The complaint shall be in writing, signed and sworn to by each plaintiff or by a person duly authorized in his behalf. It shall contain...
- Massachusetts General Laws - Content of complaint; land bounded on public or private way - Chapter 185, Section 29
If the complaint describes the land as bounded on a public or private way, it shall state whether or not the plaintiff claims any and...
- Massachusetts General Laws - Complaint made subject to existing recorded mortgage or lease - Chapter 185, Section 30
If a complaint is made subject to an existing recorded mortgage, the holder of which has consented thereto, or subject to a recorded lease for...
- Massachusetts General Laws - Inclusion of two or more parcels; joinder - Chapter 185, Section 31
A complaint may include two or more contiguous parcels of land, or two or more parcels which constitute one holding under one and the same...
- Massachusetts General Laws - Amendments - Chapter 185, Section 32
Amendments to the complaint, including joinder, substitution, or discontinuance as to parties, shall be allowed by the court at any time upon just and reasonable...
- Massachusetts General Laws - Plan of land and muniments of title; filing; withdrawal; further survey - Chapter 185, Section 33
The plaintiff shall file with the complaint a plan of the land, and all original muniments of title within his control. Such original muniments as...
- Massachusetts General Laws - Additional facts in complaint; additional papers - Chapter 185, Section 34
The court may by general rule require additional facts to be stated in the complaint and may require the filing of additional papers.
- Massachusetts General Laws - Agent for non-resident plaintiff - Chapter 185, Section 35
If the plaintiff is not a resident of the commonwealth, he shall file with his complaint a paper appointing an agent residing in the commonwealth,...
- Massachusetts General Laws - Transactions dealing with land after filing of complaint; record of disposition of case - Chapter 185, Section 36
After the filing of a complaint and before registration, the land therein described may be dealt with, and instruments relating thereto shall be recorded in...
- Massachusetts General Laws - Reference to examiner to search records and investigate facts; report; notice of report to plaintiff - Chapter 185, Section 37
Immediately after the filing of a complaint, the court shall enter an order referring it to one of the examiners of title, who shall search...
- Massachusetts General Laws - Publication of notice of filing of complaint - Chapter 185, Section 38
Unless the plaintiff withdraws his petition within fourteen days of the notice of the filing of the examiner’s report from the recorder, the recorder shall...
- Massachusetts General Laws - Return day of notice; mailing of copies; posting of copies - Chapter 185, Section 39
The return day of said notice shall be not less than twenty nor more than sixty days after the date of issue. The court shall...
- Massachusetts General Laws - Appointment of guardian ad litem; compensation - Chapter 185, Section 40
Upon the return of the notice, and upon proof of service of all orders of notice issued, the court may appoint a disinterested person to...
- Massachusetts General Laws - Answer - Chapter 185, Section 41
Any person who claims an interest, whether named in the notice or not, may appear and file an answer on or before the return day,...
- Massachusetts General Laws - General default; order; judgment confirming title - Chapter 185, Section 42
If no person appears and answers within the time allowed, the court may at once upon motion of the plaintiff, no reason to the contrary...
- Massachusetts General Laws - Hearing of contested cases; default of persons not appearing; reference to examiner; report; compensation of examiner - Chapter 185, Section 43
If, in any case, an appearance is entered and answer filed, the case shall be set down for hearing on the motion of either party,...
- Massachusetts General Laws - Dismissal; withdrawal - Chapter 185, Section 44
If the court finds that the plaintiff has not title proper for registration, a judgment shall be entered dismissing the complaint, and such judgment may...
- Massachusetts General Laws - Judgment of confirmation and registration; opening of judgment; remedies of aggrieved persons - Chapter 185, Section 45
If the court, after hearing, finds that the plaintiff has title proper for registration, a judgment of confirmation and registration shall be entered, which shall...
- Massachusetts General Laws - Encumbrances affecting certificates of title - Chapter 185, Section 46
Every plaintiff receiving a certificate of title in pursuance of a judgment of registration, and every subsequent purchaser of registered land taking a certificate of...
- Massachusetts General Laws - Contents of judgment of registration - Chapter 185, Section 47
Every judgment of registration shall bear date of the year, month, day, hour and minute of its entry and shall be signed by the recorder....
- Massachusetts General Laws - Transcription of judgment in district where land lies; owner's duplicate certificate; land lying in more than one district - Chapter 185, Section 48
Immediately upon the entry of the judgement of registration, the recorder shall send a certified copy thereof, under the seal of the court, to the...
- Massachusetts General Laws - Original and transfer certificates - Chapter 185, Section 49
The certificate first registered in pursuance of a judgment of registration in regard to any parcel of land shall, in the registration book, be entitled...
- Massachusetts General Laws - Certificates for two or more registered owners - Chapter 185, Section 50
Chapter 185: Section 50. Repealed, 1996, 481, Sec. 2
- Massachusetts General Laws - Subdivisions; recordation of plan; verification - Chapter 185, Section 51
An owner who subdivides a tract of registered land into lots shall file with the recorder a plan thereof, when applying for a new certificate...
- Massachusetts General Laws - Perpetuation of registration; withdrawal - Chapter 185, Section 52
The obtaining of a judgment of registration and the entry of a certificate of title shall be regarded as an agreement running with the land...
- Massachusetts General Laws - Prescription, adverse possession or right of way by necessity - Chapter 185, Section 53
No title to registered land, or easement or other right therein, in derogation of the title of the registered owner, shall be acquired by prescription...
- Massachusetts General Laws - Evidentiary effect of original certificate or copies thereof - Chapter 185, Section 54
The original certificate in the registration book and any copy thereof duly certified under the signature of the recorder or an assistant recorder and the...
- Massachusetts General Laws - Contents of certificate of title - Chapter 185, Section 55
Every certificate of title shall set forth the names of all the persons whose estates make up the estate in fee simple in the whole
- Massachusetts General Laws - Recorder's duties relating to indexes and records - Chapter 185, Section 56
The recorder, under the direction of the court, shall make and keep indexes of all complaints and of all judgments of registration, and shall also...
- Massachusetts General Laws - Complaints for confirmation of title; application of chapter - Chapter 185, Section 56A
Complaints for the confirmation of title without registration and all proceedings thereunder shall be governed by the provisions of this chapter applicable to complaints and...
Voluntary Dealing With Land After Original Registration.
- Massachusetts General Laws - Dealings by owner; registration as act of conveyance - Chapter 185, Section 57
An owner of registered land may convey, mortgage, lease, charge or otherwise deal with it as fully as if it had not been registered. He...
- Massachusetts General Laws - Notice of registering, filing or entering - Chapter 185, Section 58
Every conveyance, lien, attachment, order, decree, instrument or entry affecting registered land, which would under other provisions of law, if recorded, filed or entered in...
- Massachusetts General Laws - Interests less than estate in fee simple; registration - Chapter 185, Section 59
No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from the...
- Massachusetts General Laws - Form of memorandum; presentation of doubtful questions to court - Chapter 185, Section 60
If the assistant recorder is in doubt upon any question, or if any party in interest does not agree as to the proper memorandum to...
- Massachusetts General Laws - Information concerning grantee and others appearing on instrument; endorsement of changes - Chapter 185, Section 61
Every deed or other voluntary instrument presented for registration shall contain or have endorsed upon it the full name, residence and post office address of...
- Massachusetts General Laws - Address of property affected - Chapter 185, Section 61A
All documents to be recorded in the land court or registry of deeds shall, where applicable, set forth in the margin the street address of...
- Massachusetts General Laws - Registrations procured by fraud; remedies; innocent holders for value - Chapter 185, Section 62
In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud, without...
- Massachusetts General Laws - Assistant recorder's entry book; processing of instruments; public inspection of records; duplicates and copies - Chapter 185, Section 63
Each assistant recorder shall keep an entry book in which he shall enter, in the order of their reception, all deeds and other voluntary instruments,...
Conveyances in Fee.
Mortgages.
Leases.
Trusts.
- Massachusetts General Laws - Procedure to register trust - Chapter 185, Section 72
If a deed or other instrument is filed in order to transfer registered land in trust, or upon any equitable condition or limitation expressed therein,...
- Massachusetts General Laws - Trusts with powers of sale, mortgage, etc - Chapter 185, Section 73
If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage or deal with the land in...
- Massachusetts General Laws - Proceedings on appointment of new trustee - Chapter 185, Section 74
If a new trustee of registered land is appointed by the supreme judicial court, the superior court or the probate court, a new certificate shall...
- Massachusetts General Laws - Implied or constructive trusts; filing of statement - Chapter 185, Section 75
Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the assistant recorder a statement...
- Massachusetts General Laws - Registration of land held in trust - Chapter 185, Section 76
A trustee may bring an action for registration of any land held in trust by him, unless expressly prohibited by the instrument creating the trust.
Legal Incidents of Registered Land.
Attachments and Other Liens.
- Massachusetts General Laws - Attachments and liens; filing and registration of order - Chapter 185, Section 78
A writing of any description or a copy of any writ required by law to be filed or recorded in the registry of deeds in...
- Massachusetts General Laws - Acquisition of owner's duplicate certificate for making of memorandum of attachment - Chapter 185, Section 79
Chapter 185: Section 79. Repealed, 1996, 481, Sec. 13
- Massachusetts General Laws - Filing of instruments evidencing continuation, reduction, discharge or dissolution - Chapter 185, Section 80
Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged and dissolved by any methods sufficient in law...
- Massachusetts General Laws - Applicability of laws relating to attachment on mesne process - Chapter 185, Section 81
All laws relative to attachments of real estate and leasehold estates on mesne process shall apply to registered land, except that the duties required to...
- Massachusetts General Laws - Endorsement of plaintiff's attorney upon writ - Chapter 185, Section 82
If an attachment is made, the name and address of the plaintiff’s attorney shall be endorsed upon the writ, and he shall be deemed to...
- Massachusetts General Laws - Registration of order continuing, reducing or dissolving attachment on mesne process - Chapter 185, Section 83
If an attachment on mesne process is continued, reduced, dissolved or otherwise affected by an order, decision or judgment of the court where the action...
- Massachusetts General Laws - Enforcement of liens - Chapter 185, Section 84
Any lien on registered land shall be enforced in the same manner as a like lien on unregistered land. If registered land is set off...
- Massachusetts General Laws - New certificate to person claiming under execution - Chapter 185, Section 85
When the time has expired for redemption after registered land has been set off or sold on execution, or taken or sold for the enforcement...
Pending Suits, Judgments, Decrees and Partitions.
- Massachusetts General Laws - Filing and registration of memorandum of proceedings affecting land; registration of judgment or decree - Chapter 185, Section 86
No civil action to recover a freehold estate, suit for partition, or other proceeding affecting the title to land or the use and occupation thereof...
- Massachusetts General Laws - Certificate of manner of disposal - Chapter 185, Section 87
At any time after final judgment or decree in favor of the defendant, or other disposition in the manner specified in section sixteen of chapter...
- Massachusetts General Laws - Registration of judgment - Chapter 185, Section 88
If judgment is entered for the plaintiff or demandant in a real action affecting registered land, except in ejectment, and actions under chapter two hundred...
- Massachusetts General Laws - Registration of execution or writ of seisin - Chapter 185, Section 89
If an execution or writ of seisin has been issued in an action under chapter two hundred and thirty-seven affecting registered land and served by...
- Massachusetts General Laws - Registration of certificate of judgment in writ of dower - Chapter 185, Section 90
If, in a writ of dower, judgment is entered confirming the report of the commissioners under section seven of chapter two hundred and thirty-eight, or...
- Massachusetts General Laws - Registration of decrees - Chapter 185, Section 91
A decree of a court of competent jurisdiction affecting title or rights in registered land, whether made in the exercise of general equity jurisdiction or...
- Massachusetts General Laws - Registration of judgment in partition proceedings or proceedings for assignment of spouse's statutory share - Chapter 185, Section 92
In proceedings for partition of registered land, or for the assignment in fee of registered land claimed by husband or wife by statutory right, after...
- Massachusetts General Laws - Registration of prior mortgage or lease with decree for partition - Chapter 185, Section 93
If a certified copy of a decree for partition and of the return of the commissioners is presented for registration, and if a mortgage or...
Bankruptcy and Insolvency.
Reverter.
Transfer by Descent and Devise.
Assurance Fund.
- Massachusetts General Laws - Assurance fund; payment; amount - Chapter 185, Section 99
Upon original registration, there shall be paid to the recorder one tenth of one per cent of the assessed value of the land, on the...
- Massachusetts General Laws - Custody; investment; annual report - Chapter 185, Section 100
All money received by the recorder under the preceding section shall be paid to the state treasurer, who shall keep it invested, with the advice...
- Massachusetts General Laws - Grounds for recovery from fund; exhausting other remedies; continuance of action to recover from fund to await result of tort action - Chapter 185, Section 101
A person who, without negligence on his part, sustains loss or damage by reason of any error, omission, mistake or misdescription in any certificate of...
- Massachusetts General Laws - Defendants in action to recover from fund - Chapter 185, Section 102
If such action of contract is brought to recover for loss or damage or for deprivation of land or of any estate or interest therein...
- Massachusetts General Laws - Recovery upon judgment - Chapter 185, Section 103
If there are defendants other than the state treasurer and judgment is entered for the plaintiff against the state treasurer and against any of the...
- Massachusetts General Laws - Deficiencies in fund - Chapter 185, Section 104
If the assurance fund at any time is not sufficient to meet the amount called for by such certificate of the comptroller the state treasurer...
- Massachusetts General Laws - Subrogation rights - Chapter 185, Section 105
In every case where payment has been made by the state treasurer under section one hundred and three, the commonwealth shall be subrogated to the...
- Massachusetts General Laws - Application and investment of income of fund - Chapter 185, Section 106
The income of the assurance fund shall be added to the principal and invested; except that whenever said fund amounts to two hundred thousand dollars...
- Massachusetts General Laws - Limitations upon liability and amount of compensation - Chapter 185, Section 107
The assurance fund shall not be liable for any loss, damage or deprivation occasioned by a breach of trust, whether express, implied or constructive, by...
- Massachusetts General Laws - Limitations upon time of commencement of actions - Chapter 185, Section 108
Actions of contract for compensation under this chapter by reason of any loss or damage or deprivation of land or any estate or interest therein...
- Massachusetts General Laws - Evidence of value of land, estate or interest - Chapter 185, Section 109
In any action to recover damages for loss or damage or deprivation of land, or of any estate or interest therein, by the registration of...
Powers of Attorney.
Lost Duplicate Certificates.
Adverse Claims.
Surrender of Duplicate Certificates.
Amendment and Alteration of Certificates of Title.
Petitions, Motions and Notices After Registration.
Sectional Plans.
Penalty for Fraudulent Conveyance.
Last modified: March 17, 2010
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