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General Laws of Massachusetts - Chapter 241 Partition of Land.
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- Massachusetts General Laws - Persons entitled to partition - Chapter 241, Section 1
Any person, except a tenant by the entirety, owning a present undivided legal estate in land, not subject to redemption, shall be entitled to have...
- Massachusetts General Laws - Jurisdiction; probate courts - Chapter 241, Section 2
Probate courts and the land court shall have concurrent jurisdiction of all petitions for partition. Any petition for partition may be filed in the probate...
- Massachusetts General Laws - Jurisdiction within two or more counties - Chapter 241, Section 3
If a case is begun in a probate court and the land is within the jurisdiction of the probate court in 2 or more counties,...
- Massachusetts General Laws - Extent of land partitioned - Chapter 241, Section 4
The court may make partition of all or any portion of the land included in the petition of which the parties thereto are co-tenants; but...
- Massachusetts General Laws - Division of shares - Chapter 241, Section 5
The court may set off to the petitioner his share, leaving the residue of the land for the persons entitled thereto, subject to a future...
- Massachusetts General Laws - Form and contents of petition; interveners - Chapter 241, Section 6
The petition shall set forth on oath the nature and extent of the share of each co-tenant, so far as known to the petitioner, stating...
- Massachusetts General Laws - Notice; filing; registered land - Chapter 241, Section 7
Upon the filing of a petition for partition, the petitioner shall forthwith cause to be filed, in the registry of deeds for each registry district...
- Massachusetts General Laws - Notice given by citation; contents; publication; service - Chapter 241, Section 8
Notice shall be given by a citation containing a brief description of the land, and the minimum price in case it is desired to sell...
- Massachusetts General Laws - Persons not personally served; absent, incompetent or undetermined parties - Chapter 241, Section 9
If any party named in the petition has not been served personally with the citation and has not appeared, or is a minor or under...
- Massachusetts General Laws - Interlocutory decree; redemption - Chapter 241, Section 10
If it is found that the petitioner is entitled to have partition for the share claimed or for any less share, the court shall make...
- Massachusetts General Laws - Dispute as to ownership of share - Chapter 241, Section 11
If the ownership of any share appears to be in dispute or uncertain, the court may, in its discretion, without determination of such question, order...
- Massachusetts General Laws - Commissioners; appointment; duties - Chapter 241, Section 12
If the court determines the petitioner entitled to partition, it shall thereupon appoint one or more disinterested commissioners and issue a warrant to them to...
- Massachusetts General Laws - Land in different counties - Chapter 241, Section 13
If the land lies in different counties, the court may in its discretion issue separate warrants and appoint different commissioners for each county, or for...
- Massachusetts General Laws - Indivisible land; partition - Chapter 241, Section 14
If a part of the land cannot be divided without great inconvenience to the owners, or is of greater value than the share of any...
- Massachusetts General Laws - Money awards; payment or security - Chapter 241, Section 15
If money is awarded to make the partition just and equal, the court shall be satisfied, before the partition is confirmed, that the money has...
- Massachusetts General Laws - Return of commissioners; confirmation; amendments; final decrees; recording - Chapter 241, Section 16
The court may after hearing accept and confirm the return of the commissioners, or set it aside and commit the case anew to the same...
- Massachusetts General Laws - Examination of title, investigations, etc.; omitted parties; improper descriptions - Chapter 241, Section 17
The court may at any time direct an examination of the title, or the making of a plan, of any land included in the petition,...
- Massachusetts General Laws - Conclusiveness of partition - Chapter 241, Section 18
The partition by division, when confirmed and established by a final decree under section sixteen, or the sale if partition is made by sale, shall...
- Massachusetts General Laws - Persons not named in petition claiming assigned shares; partitions by sale - Chapter 241, Section 19
A person who was not made a party and has not appeared, who claims the whole or any part of the share assigned to or...
- Massachusetts General Laws - Stranger claiming as co-tenant; remedies - Chapter 241, Section 20
A person who was not made a party and has not appeared and who claims part of the land as a co-tenant with any of...
- Massachusetts General Laws - Stranger claiming paramount title - Chapter 241, Section 21
A person who has not appeared and who claims to hold by title paramount to that under which the petitioner claims as a co-tenant shall...
- Massachusetts General Laws - Costs - Chapter 241, Section 22
The reasonable expenses and charges of partition proceedings, including examination of title and preparation of plan ordered by the court under section seventeen, and the...
- Massachusetts General Laws - Improvements; compensation - Chapter 241, Section 23
If the court in which partition proceedings are pending finds that one of the co-tenants has erected any buildings or made other permanent improvements on...
- Massachusetts General Laws - Improvements made before new partition; compensation - Chapter 241, Section 24
If after a first partition improvements have been made on a part of the land which, by a new partition, is taken from the share...
- Massachusetts General Laws - Equity jurisdiction - Chapter 241, Section 25
The court in which a petition has been brought under this chapter shall have jurisdiction in equity over all matters relating to the partition, and,...
- Massachusetts General Laws - Death of party named in petition - Chapter 241, Section 26
If a party named in the petition has died prior to the filing thereof, or dies during its pendency, and such fact did not appear...
- Massachusetts General Laws - Persons evicted - Chapter 241, Section 27
If a person to or for whom a part of the land has been set off is evicted by one who, at the time of...
- Massachusetts General Laws - Mortgagee, etc., of co-tenant - Chapter 241, Section 28
A person having a mortgage, attachment or other lien on the share of a co-tenant shall be concluded by the decree, so far as it...
- Massachusetts General Laws - Improvements made by person evicted; compensation - Chapter 241, Section 29
A person holding land under a partition made under this chapter shall, in case of an eviction, be entitled to compensation for improvements made thereon,...
- Massachusetts General Laws - Trusteeship, etc.; effect on partition - Chapter 241, Section 30
The fact that a cotenant is, alone or jointly with others, as trustee or in any other representative capacity, the holder of the legal title...
- Massachusetts General Laws - Partition by sale - Chapter 241, Section 31
In partition proceedings the court may order the commissioners to sell and convey the whole or any part of the land which cannot be divided...
- Massachusetts General Laws - Liability of commissioners; partition by sale - Chapter 241, Section 32
If the commissioners, after making a sale in accordance with the preceding section, distribute the proceeds in accordance with the order or decree of the...
- Massachusetts General Laws - Attachments or liens; failure to disclose; penalties - Chapter 241, Section 33
Whoever receives any proceeds of a sale of land under this chapter after having sold or mortgaged his interest therein, or with knowledge that it...
- Massachusetts General Laws - Unclaimed proceeds of sale; disposition - Chapter 241, Section 34
If the proceeds of a sale, or any share thereof, cannot be paid to the persons entitled thereto, the commissioners shall deposit the same in...
- Massachusetts General Laws - Trustees; appointment; bond - Chapter 241, Section 35
If in any share there are estates in succession, the court making partition may, upon petition of any party interested, appoint a trustee to receive,...
- Massachusetts General Laws - Water rights; other incorporeal hereditaments; division - Chapter 241, Section 36
Joint tenants or tenants in common of a mill privilege, water right, or other incorporeal hereditament may be compelled to divide the same in the...
- Massachusetts General Laws - Nonnavigable natural streams; partition of water - Chapter 241, Section 37
Under the preceding section, partition may be made of the water of a natural stream, not navigable, the banks of which are owned by different...
Last modified: March 17, 2010
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