Massachusetts · statute · Mass. Gen. Laws ch. 240 · 33 active provisions
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 an estate of freehold therein or an unexpired term of not less than ten years, and a person who by force of the covenants in a deed or otherwise may be liable in damages, if…
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 commonwealth. Such notice shall bind all the world, but the court may also require personal or other notice, and if, upon return of the order of notice du…
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, they shall by answer show why they should not be required to bring an action to try such title, and the court shall enter an appropriate decree relative to bri…
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 is barred thereby, may recover from the person in whose favor such judgment or decree was entered, or from his executors, administrators, heirs or devisees, in…
Section 5. The four preceding sections shall not apply to any property, right, title or interest of the commonwealth.
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 land situated in the commonwealth or to remove a cloud from the title thereto, it is sought to determine the claims or rights of persons unascertained, not in being, unknown or out of…
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 of the plaintiff order notice of the action to be posted in a conspicuous place on the land or to be published in a newspaper within or without the commonwealth, or both, or to be gi…
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 the defendants has expired, the court finds that there are or may be defendants not actually served with process within the commonwealth who have not appeared in the action…
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 paid by the plaintiff, against whom execution may issue therefor in favor of the guardian ad litem or next friend.
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 or next friend, if such appointment has been made, the court may proceed as though all defendants had been actually served with process. Such action shall be a pro…
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, or an unexpired term of not less than ten years, in land subject to a restriction described in section twenty-six of chapter one hundred and eighty-four, to de…
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, prescribe the form of notice to be given, the persons to be named or described therein, the manner of service of the notice, and the proof to be req…
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 or for the benefit of certain land shall be in rem and operate directly upon the subject land, and be binding upon all persons entitled to enforce the restrictio…
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 thirty years prior to the commencement of the proceedings hereinafter provided for, a person having a freehold estate, vested or contingent, in possessi…
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 generally, as heirs or devisees of a person deceased, as persons claiming under certain persons named, as the owners of certain land, or otherwise, and if it is so…
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 any other respondents upon whom for any reason service cannot be made. If the court finds that there are respondents to be affected by the decr…
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, upon a hearing, make a decree determining the validity, nature or extent of any such possible condition or other encumbrance, which shall be effectual to ex…
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 land is situated, which shall not be open to objection on the ground that a mere judgment, order or decree is sought, for determination as to the validity of a municipal ordinance…
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 or legally discharged of record, and a mortgagor or a mortgagor's heirs, successors or assigns claim that the mortgage has been fully paid or the conditions or obligations s…
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 owner thereof, to hear and determine the question whether or not equitable restrictions arising under contracts, deeds or other instruments limiting or rest…
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 public interests, it shall register title to the land free from said restrictions as and to the extent required by the public interests, or, in case of registe…
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 the public interests may appeal therefrom to the supreme judicial court, which may draw from the facts and instruments stated in the record, findings or decision…
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 settlement and determination of the lines and boundaries of their ownership therein.
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 and impartially execute the warrant, and a certificate of such oath shall be made on the warrant by the person administering it. The commissioners shall notify…
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 rights of all persons and parties, except where definite boundary lines have been established by parties legally authorized to establish them.