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 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 o…

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 …

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 ch…

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 servic…

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 pe…

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 e…

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 cer…

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 ar…

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 enc…

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 …

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…

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, dee…

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 …

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 sta…

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 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 i…

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 administ…

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 …

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 whole shall be apportioned by the court among all parties interested in the determination of the boundary lines in such flats, and …

Section 23. Instead of appointing the commissioners authorized by section twenty, the court may exercise the powers and duties of such commissioners.

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 lien, an interest or title in or to any flats which are the subject matter of such proceedings, may by order of the c…

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 the court may comply with the request, if such compliance seems conducive to justice a…

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 to become a party thereto.

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 otherwise transfer any interest in real estate may file a petition in the land court setting forth the act or…

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 petitioner to do such act or acts, including the existence of the necessity for its exercise and also any other fact or circumstan…

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 hundred and eighty-five and by the Massachusetts Rules of Civil Procedure.

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 ent…

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…

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 unasce…

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 withou…

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 commonwe…

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.