Massachusetts · statute · Mass. Gen. Laws ch. 245 · 11 active provisions
Section 1. If a person unlawfully enters upon or holds land belonging to the commonwealth, it may be recovered in a civil action brought by the attorney general or by a district attorney in the superior court in any county or in the land court.
Section 2. If the title of the commonwealth is founded on a forfeiture for breach of a condition in a grant or conveyance by the commonwealth or by the province or colony of Massachusetts bay, no action for the recovery thereof shall be commenced unless by direction of the governor, with the advice and consent of the c…
Section 4. If, in case of a supposed escheat, no person appears as the heir of the person last seized, or if in any case there is reason to suppose that there is a person claiming an estate or interest in the land, whose name is unknown, who is absent from the commonwealth or who cannot be found therein to be served wi…
Section 5. A person claiming an estate or interest in the land, although not named in the complaint nor served with process, may appear and answer thereto; but a defendant not named shall not recover costs against the commonwealth, unless it appears that he has an estate or interest in the land, although the commonweal…
Section 6. If the commonwealth prevails, the defendant shall be chargeable for rents and profits and be entitled to an allowance for improvements as provided in chapter two hundred and thirty-seven.
Section 7. The commonwealth shall be actually seized and possessed of the land as soon as judgment is rendered in its favor, without a writ of possession.
Section 8. The judgment shall be conclusive between the commonwealth and the defendants who appear and answer, and against every person named as a defendant and duly served and against all persons claiming under such defendants.
Section 9. A person not concluded by a judgment for the commonwealth under the preceding section may, until his claim is barred by law for the limitation of real actions or otherwise, bring an action to recover the land from the commonwealth or from any person then holding under it. He may deny and disprove any facts a…
Section 10. If the commonwealth continues seized of the land when such new action is commenced, such action shall be brought against the tenant or occupant thereof, and, in addition to the service on him service shall be made upon the attorney general or district attorney. If the commonwealth has granted away the land,…
Section 11. If the plaintiff recovers judgment, he shall be entitled to rents and profits and chargeable for improvements as provided in chapter two hundred and thirty-seven, although the land has not been held and possessed for six years under the adverse title.
Section 12. Costs shall be awarded and taxed for the prevailing party. If judgment is for the commonwealth, an execution for costs shall issue; if it is for the defendant, the costs shall be paid by the commonwealth.