General Laws of Massachusetts - Chapter 237 Writs of Entry
- Massachusetts General Laws - Estates recoverable - Chapter 237, Section 1
All estates of freehold in fee simple, fee tail or for life may be recovered in a civil action.
- Massachusetts General Laws - Action to recover freehold estates against commonwealth - Chapter 237, Section 2
A civil action to recover freehold estates in fee simple, fee tail or for life may be prosecuted against the commonwealth under this chapter.
- Massachusetts General Laws - Form of declaration - Chapter 237, Section 3
The plaintiff shall declare on his own seisin within twenty years then last past, without specifying any particular day, and shall allege a disseisin by...
- Massachusetts General Laws - Actual entry; seisin; proof; right of entry - Chapter 237, Section 4
The plaintiff need not prove an actual entry under his title, but proof that he is entitled to such an estate as he claims in...
- Massachusetts General Laws - Manner of prosecuting action - Chapter 237, Section 5
Such action shall be prosecuted in the same manner as if the plaintiff, at the time of commencing the action, had made an actual entry...
- Massachusetts General Laws - Disseisors - Chapter 237, Section 6
A person in possession of land demanded in a civil action, claiming an estate of freehold therein, may be considered as a disseisor for the...
- Massachusetts General Laws - Actual ouster; effect - Chapter 237, Section 7
If the person in possession has actually ousted the plaintiff or withheld from him the possession of the land, he may, at the election of...
- Massachusetts General Laws - Joint tenants; tenants in common; actions - Chapter 237, Section 8
Joint tenants or tenants in common may join in a civil action for the recovery of land, or any one of them may sue alone...
- Massachusetts General Laws - Laws and rules governing - Chapter 237, Section 9
The law and practice relative to pleadings and evidence in a writ of entry upon disseisin, as heretofore recognized and established, shall continue in force,...
- Massachusetts General Laws - Pleas in answer - Chapter 237, Section 10
Non-tenure, disclaimer, several tenancy and sole tenancy may be pleaded in answer.
- Massachusetts General Laws - Parts or portions recoverable - Chapter 237, Section 11
The plaintiff may recover any specific part or undivided portion of the land to which he proves a sufficient title, although less than demanded in...
- Massachusetts General Laws - Rents; profits; destruction or waste - Chapter 237, Section 12
If the plaintiff recovers judgment, he shall recover in the same action, subject to the limitations provided in this chapter, damages for rents and profits...
- Massachusetts General Laws - Measure of damages - Chapter 237, Section 13
Rents and profits for which the defendant is liable shall be the clear annual value of the land while he was in possession thereof, after...
- Massachusetts General Laws - Use of improvements not element of damages - Chapter 237, Section 14
In determining rents and profits, the value of the use by the defendant of any improvements made by him or by those under whom he...
- Massachusetts General Laws - Limitation of defendant’s liability - Chapter 237, Section 15
The defendant shall not be liable for rents and profits for any time more than six years prior to the commencement of the action or...
- Massachusetts General Laws - Improvements - Chapter 237, Section 16
If the land demanded has been actually held and possessed by the defendant and by those under whom he claims for six years next before...
- Massachusetts General Laws - Possession under supposedly good title; effect - Chapter 237, Section 17
The defendant shall also be entitled to like compensation although the land has not been so held for six years, if he holds it under...
- Massachusetts General Laws - Counterclaim - Chapter 237, Section 18
The defendant may interpose a counterclaim for the value of such improvements.
- Massachusetts General Laws - Repealed, 1973, 1114, Sec. 228 - Chapter 237, Section 19
Repealed, 1973, 1114, Sec.
- Massachusetts General Laws - Limitation of allowances - Chapter 237, Section 20
The amount recovered by the defendant upon such counterclaim shall not exceed the amount actually expended by the defendant and those under whom he claims,...
- Massachusetts General Laws - Court assessments; postponements - Chapter 237, Section 21
Except as provided in sections twenty-two to twenty-four, inclusive, and in section twenty-six, if there is a trial in the land court, it shall at...
- Massachusetts General Laws - Jury assessments; postponements - Chapter 237, Section 22
If trial by jury shall be demanded and if issues therefor are to be framed to obtain an assessment of the amounts due to the...
- Massachusetts General Laws - Resumption of procedure for assessment by jury - Chapter 237, Section 23
If issues are postponed under the preceding section, and if, on its trial of the title, the land court shall make a finding or decision...
- Massachusetts General Laws - Waiver of jury trial - Chapter 237, Section 24
If issues have been postponed under section twenty-two, and if, after a finding or decision in favor of the plaintiff on the title, no motion...
- Massachusetts General Laws - Assessment by assessors - Chapter 237, Section 25
In cases where an assessment of the amounts due to the plaintiff for rents and profits and other damages, or a determination of the amount...
- Massachusetts General Laws - Judgments to both parties - Chapter 237, Section 26
The defendant shall have judgment upon his counterclaim for the value of the improvements. The plaintiff shall have judgment and execution for the amount found...
- Massachusetts General Laws - Excess of improvements over rents and profits; effect - Chapter 237, Section 27
If the amount found due to the defendant for improvements exceeds the amount found due from him for rents and profits accruing within six years,...
- Massachusetts General Laws - Payment of balance due defendant - Chapter 237, Section 28
The plaintiff shall, except as provided in the following section, before taking out execution for seisin of the land, pay to the defendant, or for...
- Massachusetts General Laws - Writ of seisin before judgment - Chapter 237, Section 29
If the plaintiff has had judgment for seisin of the land, he may take out a writ of seisin before judgment has been rendered upon...
- Massachusetts General Laws - Collection of balance due defendant - Chapter 237, Section 30
If the defendant has judgment for such improvements, he may have an execution therefor or he may collect the same, with all reasonable costs and...
- Massachusetts General Laws - Valuation without considering improvements - Chapter 237, Section 31
If the defendant counterclaims for improvements as before provided the plaintiff may, by motion, require the value of his estate in the land demanded, without...
- Massachusetts General Laws - Relinquishment of estate; recording election - Chapter 237, Section 32
After said determination of value the plaintiff may, at the sitting at which judgment is entered for him, enter upon the record his election to...
- Massachusetts General Laws - Relinquishment of estate; effect; payments by defendant - Chapter 237, Section 33
If the plaintiff elects to relinquish the land as before provided, the defendant shall thenceforth hold all the estate which the plaintiff had therein at...
- Massachusetts General Laws - Nonpayment by defendant; effect - Chapter 237, Section 34
Said payments shall be made to the plaintiff or for his use to the recorder of the land court; and if the defendant fails to...
- Massachusetts General Laws - Failure of title to relinquished land; remedies; notice - Chapter 237, Section 35
If the defendant or his heirs or assigns, after the land is so relinquished to him, are evicted therefrom by force of a better title...
- Massachusetts General Laws - Effect on mode of payment - Chapter 237, Section 36
If, after judgment for the plaintiff, either party dies before the writ of seisin is executed, or before the case is otherwise settled under this...
- Massachusetts General Laws - Writ of seisin - Chapter 237, Section 37
The writ of seisin issued in such case shall be in the name of the original plaintiff against the original defendant, although either or both...
- Massachusetts General Laws - Recovery by life tenant from remainderman, etc. - Chapter 237, Section 38
If a plaintiff claiming an estate for life only satisfies a judgment upon the defendant’s counterclaim for improvements, he or his executor or administrator shall,...
- Massachusetts General Laws - Amount due from remainderman; determination - Chapter 237, Section 39
If the amount due from the remainderman or reversioner is not agreed on by the parties, it may be determined in a civil action brought...
- Massachusetts General Laws - Limitation on amount recoverable - Chapter 237, Section 40
The remainderman or reversioner, or those claiming under him, shall not recover from the adverse party the excess, if any, of rents and profits accruing...
- Massachusetts General Laws - Time for bringing action; limitation - Chapter 237, Section 41
The remainderman or reversioner, or those claiming under him, shall be deemed disseized at the determination of the life estate, and the civil action under...
- Massachusetts General Laws - Recording execution for possession and return - Chapter 237, Section 42
An officer serving an execution issued upon a judgment for possession shall, within three months after the service, and before the return of the execution...
- Massachusetts General Laws - Actions for mesne profits or damage to land - Chapter 237, Section 43
This chapter shall not prevent the plaintiff from maintaining an action for mesne profits, or for damage done to the land, against any person, except...
- Massachusetts General Laws - Actions by mortgagees - Chapter 237, Section 44
The provisions of this chapter relative to rents and profits to be recovered, an allowance for improvements made on the land demanded and the value...
Last modified: September 11, 2015