General Laws of Massachusetts - Chapter 240 Proceedings for Settlement of Title to Land
- Massachusetts General Laws - Petition to compel adverse claimant to try title - Chapter 240, Section 1
If the record title of land is clouded by an adverse claim, or by the possibility thereof, a person in possession of such land claiming...
- Massachusetts General Laws - Proceedings upon petition - Chapter 240, Section 2
If the petition is not so served, the court shall order notice thereof by publication to the supposed claimants, whether residents or non-residents of the...
- Massachusetts General Laws - Proceedings upon appearance - Chapter 240, Section 3
If the persons notified or summoned appear and disclaim all right and title adverse to the petitioner, they shall recover costs. If they claim title,...
- Massachusetts General Laws - Parties without actual notice; remedies - Chapter 240, Section 4
A party against whom, without other notice than publication in a newspaper, a judgment or decree has been rendered under section two and whose right...
- Massachusetts General Laws - Application of preceding sections - Chapter 240, Section 5
The four preceding sections shall not apply to any property, right, title or interest of the commonwealth.
- Massachusetts General Laws - Actions in supreme judicial, superior or land courts - Chapter 240, Section 6
If, in a civil action in the supreme judicial or the superior court, or in the land court, to quiet or establish the title to...
- Massachusetts General Laws - Notice - Chapter 240, Section 7
If in such action the court finds that actual service cannot be, or has not been, made upon a defendant, it may at the request...
- Massachusetts General Laws - Guardian ad litem - Chapter 240, Section 8
If, after notice has been given or served as provided in the preceding section and the time limited in such notice for the appearance of...
- Massachusetts General Laws - Guardians ad litem; compensation and expenses - Chapter 240, Section 9
The cost of appearance of any such guardian ad litem or next friend, including compensation of his counsel, shall be determined by the court and...
- Massachusetts General Laws - Proceeding in rem; effect of judgment - Chapter 240, Section 10
After all the defendants have been served with process or notified as provided in section seven and after the appointment of a guardian ad litem...
- Massachusetts General Laws - Restrictions on land; determination; jurisdiction; petition - Chapter 240, Section 10A
The superior court and the land court shall have concurrent jurisdiction of a civil action by any person or persons claiming an estate of freehold,...
- Massachusetts General Laws - Notice of proceedings; parties - Chapter 240, Section 10B
The court shall, after consideration of the complaint, instrument or instruments and plan or sketch, and such further documents or evidence as it may require,...
- Massachusetts General Laws - Determination of restrictions; manner - Chapter 240, Section 10C
Any determination or declaration that the restriction is or is not enforceable, or is enforceable only in a certain manner or to a certain extent...
- Massachusetts General Laws - Petition in land court to determine encumbrances - Chapter 240, Section 11
If the title to land appears of record to be affected by a possible condition, restriction, reservation, stipulation or agreement made or imposed more than...
- Massachusetts General Laws - Unknown, etc., respondents; describing; amending petition - Chapter 240, Section 12
If it is averred in the petition that there are necessary or proper respondents whose names are unknown to the petitioner, they may be described...
- Massachusetts General Laws - Respondents upon whom service cannot be made; notice; appointing agents - Chapter 240, Section 13
The court shall prescribe the notice to be given to non-resident respondents, to respondents whose residences are unknown, to unknown or unnamed respondents, and to...
- Massachusetts General Laws - Jurisdiction; hearings; decrees; costs - Chapter 240, Section 14
Upon service of such notice, the court shall have jurisdiction of all persons made respondents to the petition in the manner above provided, and shall,...
- Massachusetts General Laws - Municipal zoning ordinances, etc.; petition for judicial determination of validity - Chapter 240, Section 14A
The owner of a freehold estate in possession in land may bring a petition in the land court against a city or town wherein such...
- Massachusetts General Laws - Petition in land court; notice - Chapter 240, Section 15
(a) If the record title of land or of easements or rights in land is encumbered by an undischarged mortgage or a mortgage not properly...
- Massachusetts General Laws - Jurisdiction of land court; determining enforceability of restrictions - Chapter 240, Section 16
The land court shall have jurisdiction upon a petition to register land, or if land has been previously registered, upon a supplemental petition by the...
- Massachusetts General Laws - Restrictions injurious to public interests; registration of land; damages - Chapter 240, Section 17
If the land court shall find and determine, after hearing, that the enforcement of any of such restrictions or limitations would be injurious to the...
- Massachusetts General Laws - Appeal - Chapter 240, Section 18
Any party aggrieved by a finding or decision of the land court that the enforcement of any such restrictions or limitations would be injurious to...
- Massachusetts General Laws - Petition to land court - Chapter 240, Section 19
One or more persons holding land or flats adjacent to or covered by high water may apply by petition to the land court for the...
- Massachusetts General Laws - Proceedings - Chapter 240, Section 20
Upon such petition the court may by a warrant appoint one or more commissioners who shall, before entering upon their duties, be sworn to faithfully...
- Massachusetts General Laws - Report and plan of commissioners; effect - Chapter 240, Section 21
When the report and plan of said commissioners has been accepted by the court and recorded as aforesaid, it shall forever fix and determine the...
- Massachusetts General Laws - Costs - Chapter 240, Section 22
The expenses and charges of the commissioners shall be allowed by the court; the other costs shall be taxed in the usual manner, and the...
- Massachusetts General Laws - Determination of boundaries by court - Chapter 240, Section 23
Instead of appointing the commissioners authorized by section twenty, the court may exercise the powers and duties of such commissioners.
- Massachusetts General Laws - Parties; subsequent purchasers as - Chapter 240, Section 24
Whoever, during the pendency of proceedings for the division of flats, acquires by purchase, devise or descent, or by the enforcement of a mortgage or...
- Massachusetts General Laws - Boundaries determined concurrently with registration - Chapter 240, Section 25
A petitioner for registration may in his petition request the court to proceed under sections nineteen to twenty-four, inclusive, concurrently with the registration proceedings, and...
- Massachusetts General Laws - Rights of commonwealth - Chapter 240, Section 26
Proceedings under sections nineteen to twenty-five, inclusive, shall not affect any right or title of the commonwealth to any land or flats, unless it consents...
- Massachusetts General Laws - Fiduciaries, etc.; establishing power or authority - Chapter 240, Section 27
Any person having, in a representative or fiduciary capacity or otherwise, a power or authority created by any written instrument to sell, convey, mortgage or...
- Massachusetts General Laws - Determination by court - Chapter 240, Section 28
Upon such petition, after such notice as the court may direct, it may determine the existence and extent of the power or authority of the...
- Massachusetts General Laws - Procedure under this chapter - Chapter 240, Section 29
Except as otherwise provided, procedure in the land court under this chapter shall be that provided by sections fifteen to twenty-five, inclusive, of chapter one...
Last modified: September 11, 2015