Mass. Gen. Laws ch. 237, § 1
Estates recoverable
Section 1. All estates of freehold in fee simple, fee tail or for life may be recovered in a civil action.
Massachusetts General Laws Chapter 237 — Writs of Entry
Massachusetts · statute · Mass. Gen. Laws ch. 237 · 43 active provisions
Provisions
Mass. Gen. Laws ch. 237, § 2
Action to recover freehold estates against commonwealth
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.
Mass. Gen. Laws ch. 237, § 3
Form of declaration
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 the defendant, but need not aver a taking of the profits. He shall set forth the estate which he claims in the land whether in fee simple, fee tail or for l…
Mass. Gen. Laws ch. 237, § 4
Actual entry; seisin; proof; right of entry
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 the land and that he has a right of entry therein shall be sufficient to prove his seisin. No such action shall be maintained unless the plaintiff has at the time of commencing his ac…
Mass. Gen. Laws ch. 237, § 5
Manner of prosecuting action
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 on the land demanded and had been immediately ousted by the defendant. In a trial upon the general issue, if the plaintiff proves that he is entitled to the estate set forth…
Mass. Gen. Laws ch. 237, § 6
Disseisors
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 purpose of trying the right, irrespective of the manner of his original entry therein.
Mass. Gen. Laws ch. 237, § 7
Actual ouster; effect
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 the plaintiff, be considered as a disseisor for the purpose of trying the right, although he claims an estate less than a freehold.
Mass. Gen. Laws ch. 237, § 8
Joint tenants; tenants in common; actions
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 for his share.
Mass. Gen. Laws ch. 237, § 9
Laws and rules governing
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, except as altered by this chapter and chapters one hundred and eighty-five and two hundred and thirty-one and by the Massachusetts Rules of Civil Proce…
Mass. Gen. Laws ch. 237, § 10
Pleas in answer
Section 10. Non-tenure, disclaimer, several tenancy and sole tenancy may be pleaded in answer.
Mass. Gen. Laws ch. 237, § 11
Parts or portions recoverable
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 the complaint.
Mass. Gen. Laws ch. 237, § 12
Rents; profits; destruction or waste
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 of the land from the time when his title accrued and for any destruction or waste of the buildings or other property for which the defendant is liable.
Mass. Gen. Laws ch. 237, § 13
Measure of damages
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 deducting all lawful taxes and assessments on the land paid by him and all necessary and ordinary expenses of cultivating the land or collecting rents, profits or income…
Mass. Gen. Laws ch. 237, § 14
Use of improvements not element of damages
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 claims shall be excluded.
Mass. Gen. Laws ch. 237, § 15
Limitation of defendant's liability
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 for waste or damage committed before said six years, unless rents and profits are allowed to diminish the defendant's recovery upon his counterclaim for improvements under sect…
Mass. Gen. Laws ch. 237, § 16
Improvements
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 the commencement of the action, he shall, if judgment is against him, be entitled to compensation as hereinafter provided for the value of any buildings or improvements made…
Mass. Gen. Laws ch. 237, § 17
Possession under supposedly good title; effect
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 a title which he had reason to believe good.
Mass. Gen. Laws ch. 237, § 18
Counterclaim
Section 18. The defendant may interpose a counterclaim for the value of such improvements.
Mass. Gen. Laws ch. 237, § 20
Limitation of allowances
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, nor shall it exceed the amount by which the value of the land is actually increased thereby as assessed at the time of the action.
Mass. Gen. Laws ch. 237, § 21
Court assessments; postponements
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 the same time assess the amounts due the plaintiff for rents and profits or other damages, if any, and shall determine the amount to be allowed to the defendant…
Mass. Gen. Laws ch. 237, § 22
Jury assessments; postponements
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 plaintiff for rents and profits or other damages, or a determination of the amount to be allowed to the defendant for improvements, or of the value of the plaintiff's estate, the land…
Mass. Gen. Laws ch. 237, § 23
Resumption of procedure for assessment by jury
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 in favor of the plaintiff, that court shall, on motion of either party, made before its finding or decision on the title is recorded, order that the procedure provided by s…
Mass. Gen. Laws ch. 237, § 24
Waiver of jury trial
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 under section twenty-three is seasonably made, that the procedure provided by section fifteen of chapter one hundred and eighty-five be resumed, jury trial on such po…
Mass. Gen. Laws ch. 237, § 25
Assessment by assessors
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 to be allowed to the defendant for improvements, or of the value of the plaintiff's estate is to be made by the land court, such assessment or determination may, if the…
Mass. Gen. Laws ch. 237, § 26
Judgments to both parties
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 due him for rents and profits and other damages due from the defendant as well as for seisin of the land.
Page 1 of 2Next →