Chapter 185

Section 40. Upon the return of the notice, and upon proof of service of all orders of notice issued, the court may appoint a disinterested person to act as guardian ad litem for minors, and for persons under disability, and for all persons not in being, unascertained, unknown or …

Section 41. Any person who claims an interest, whether named in the notice or not, may appear and file an answer on or before the return day, or within such further time as the court may allow. The answer shall state all objections to the complaint, shall set forth the interest c…

Section 42. If no person appears and answers within the time allowed, the court may at once upon motion of the plaintiff, no reason to the contrary appearing, order a general default to be recorded and the complaint to be taken for confessed. By the description in the notice, ''t…

Section 43. If, in any case, an appearance is entered and answer filed, the case shall be set down for hearing on the motion of either party, but a default and order shall first be entered against all persons who do not appear and answer, in the manner provided in the preceding s…

Section 44. If the court finds that the plaintiff has not title proper for registration, a judgment shall be entered dismissing the complaint, and such judgment may be ordered to be without prejudice, in whole or in part, but unless so ordered it shall bind the parties, their pri…

Section 45. If the court, after hearing, finds that the plaintiff has title proper for registration, a judgment of confirmation and registration shall be entered, which shall bind the land and quiet the title thereto, subject only to the exceptions stated in the following section…

Section 46. Every plaintiff receiving a certificate of title in pursuance of a judgment of registration, and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted …

Section 47. Every judgment of registration shall bear date of the year, month, day, hour and minute of its entry and shall be signed by the recorder. If the owner is under disability it shall relate the nature thereof, and if a minor, shall state his age. It shall contain a descr…

Section 48. Immediately upon the entry of the judgement of registration, the recorder shall send a certified copy thereof, under the seal of the court, to the register of deeds for the district or districts where the land lies, and the register, as assistant recorder, shall trans…

Section 49. The certificate first registered in pursuance of a judgment of registration in regard to any parcel of land shall, in the registration book, be entitled ''Original certificate of title, entered pursuant to judgment of the land court, dated at'' (stating time and place…

Section 51. An owner who subdivides a tract of registered land into lots shall file with the recorder a plan thereof, when applying for a new certificate or certificates, and the court, before issuing the same, shall cause the plan to be verified, and require that all boundaries,…

Section 52. (a) As used in this section, ''notice of voluntary withdrawal'' shall mean an instrument in writing signed and acknowledged by all owners of the land to be voluntarily withdrawn and that contains the following information: (i) names and addresses of all owners; (ii) t…

Section 53. No title to registered land, or easement or other right therein, in derogation of the title of the registered owner, shall be acquired by prescription or adverse possession. Nor shall a right of way by necessity be implied under a conveyance of registered land.

Section 54. The original certificate in the registration book and any copy thereof duly certified under the signature of the recorder or an assistant recorder and the seal of the court shall be received as evidence in all courts of the commonwealth, and shall be conclusive as to …

Section 55. Every certificate of title shall set forth the names of all the persons whose estates make up the estate in fee simple in the whole land.

Section 56. The recorder, under the direction of the court, shall make and keep indexes of all complaints and of all judgments of registration, and shall also index and classify all papers and instruments filed in his office relating to complaints and to registered titles. The re…

Section 56A. Complaints for the confirmation of title without registration and all proceedings thereunder shall be governed by the provisions of this chapter applicable to complaints and proceedings for the confirmation and registration of title except as otherwise provided in th…

Section 57. An owner of registered land may convey, mortgage, lease, charge or otherwise deal with it as fully as if it had not been registered. He may use forms of deeds, mortgages, leases or other voluntary instruments, like those now in use, sufficient in law for the purpose i…

Section 58. Every conveyance, lien, attachment, order, decree, instrument or entry affecting registered land, which would under other provisions of law, if recorded, filed or entered in the registry of deeds, affect the land to which it relates, shall, if registered, filed or ent…

Section 59. No new certificate shall be entered or issued upon any transfer of registered land which does not divest the title in fee simple from the owner or some one of the registered owners. All interests in registered land less than an estate in fee simple shall be registered…

Section 6. The governor, with the advice and consent of the council, shall appoint a recorder, who shall hold office during good behavior, but subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. Said record…

Section 60. If the assistant recorder is in doubt upon any question, or if any party in interest does not agree as to the proper memorandum to be made in pursuance of any deed, mortgage or other voluntary instrument presented for registration, the question shall be referred to th…

Section 61. Every deed or other voluntary instrument presented for registration shall contain or have endorsed upon it the full name, residence and post office address of the grantee or other person acquiring or claiming an interest under such instrument. Any change in the reside…

Section 61A. All documents to be recorded in the land court or registry of deeds shall, where applicable, set forth in the margin the street address of the property which is affected by such document; provided, however, that failure to include such address shall not affect the va…

Section 62. In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud, without prejudice however to the rights of any innocent holder for value of a certificate of title. After the transcription of …

Section 63. Each assistant recorder shall keep a legible entry book, in book or electronic form, in which the assistant recorder shall enter all deeds and voluntary instruments, in the order they are received, and copies of writs or other processes filed with the assistant record…

Section 64. An owner desiring to convey his registered land or any portion thereof in fee shall execute a deed of conveyance, which the grantor or grantee may present to the assistant recorder in the district where the land lies. The assistant recorder shall thereupon, in accorda…

Section 65. If a deed in fee is for a part only of the land described in a certificate of title, the assistant recorder shall also, in accordance with the rules and instructions of the court, enter a new certificate for the part of the land not included in the deed. In every case…

Section 66. If, at the time of any transfer, encumbrances or claims adverse to the title of the registered owner appear upon the registration book, they shall be stated in the new certificate or certificates, except so far as they may be simultaneously released or discharged.

Section 67. The owner of registered land may mortgage it by executing a mortgage deed. Such deed may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by any form of deed or instrument sufficient in law for the purpose. But …

Section 68. Registration of a mortgage shall be made in the following manner: the assistant recorder shall enter upon the certificate of title a memorandum of the purport of the mortgage deed, the time of filing and the file number of the deed, and shall sign the memorandum. He s…

Section 69. A mortgage on registered land may be discharged by the mortgagee in person on the registration book in the same manner as a mortgage on unregistered land may be discharged by an entry on the record book in the registry of deeds, and such discharge shall be attested by…

Section 7. The recorder shall be under the direction of the chief justice of the land court division and shall have the custody and control of all papers and documents filed with him in any complaint for registration, action or proceeding in said court, and shall carefully number…

Section 70. Mortgages of registered land may be foreclosed in the same manner as mortgages of unregistered land; but in case of foreclosure by entry and possession, the certificate of entry required by section two of chapter two hundred and forty-four shall be filed and registere…

Section 71. Leases, or notices of leases as defined in section four of chapter one hundred and eighty-three, of registered land for more than seven years from the making thereof shall be registered in lieu of recording.

Section 72. If a deed or other instrument is filed in order to transfer registered land in trust, or upon any equitable condition or limitation expressed therein, or to create or declare a trust or other equitable interest in such land without transfer, the particulars of the tru…

Section 73. If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage or deal with the land in any manner, such power shall be stated in the certificate of title by the words ''with power to sell'', or ''power to mortg…

Section 74. If a new trustee of registered land is appointed by the supreme judicial court, the superior court or the probate court, a new certificate shall be entered to him upon presentation to the assistant recorder of a certified copy of the decree.

Section 75. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the assistant recorder a statement thereof containing a description of the land, and a reference to the number of the certificate of title and…

Section 76. A trustee may bring an action for registration of any land held in trust by him, unless expressly prohibited by the instrument creating the trust.

Section 77. Registered land, and ownership therein, shall in all respects be subject to the burdens and incidents attaching by law to unregistered land. This chapter shall not relieve registered land or the owners thereof from any rights incident to the relation of husband and wi…

Section 78. A writing of any description or a copy of any writ required by law to be filed or recorded in the registry of deeds in order to create or preserve any lien, right or attachment upon unregistered land, if intended to affect registered land shall, except in the case of …

Section 8. The recorder and any deputy recorder may act in any county, and after land has been registered, may make all memoranda affecting the title and enter and issue certificates of title as provided in this chapter.

Section 80. Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged and dissolved by any methods sufficient in law to continue, reduce, discharge or dissolve like liens on unregistered land. All certificates or othe…

Section 81. All laws relative to attachments of real estate and leasehold estates on mesne process shall apply to registered land, except that the duties required to be performed by the register of deeds shall be performed by the assistant recorder for the registry district where…

Section 82. If an attachment is made, the name and address of the plaintiff's attorney shall be endorsed upon the writ, and he shall be deemed to be the attorney of the plaintiff until written notice that he has ceased to be such shall have been filed for registration by the plai…