Massachusetts Statutes

Section 29. If the complaint describes the land as bounded on a public or private way, it shall state whether or not the plaintiff claims any and what land within the limits of the way, and whether the plaintiff desires to have the line of the way determined.

Section 3. The court may be held by one judge and simultaneous sessions may be held, either in the same county or in different counties, and shall be so arranged as to insure a prompt discharge of its business.

Section 30. If a complaint is made subject to an existing recorded mortgage, the holder of which has consented thereto, or subject to a recorded lease for a term exceeding seven years, or if the registration is to be made subject to such a mortgage or lease executed after the tim…

Section 31. A complaint may include two or more contiguous parcels of land, or two or more parcels which constitute one holding under one and the same title, within the same registry district. But two or more persons, who claim in the same parcels different interests which collec…

Section 32. Amendments to the complaint, including joinder, substitution, or discontinuance as to parties, shall be allowed by the court at any time upon just and reasonable terms; but all amendments shall be in writing, signed and sworn to, like the original.

Section 33. The plaintiff shall file with the complaint a plan of the land, and all original muniments of title within his control. Such original muniments as affect land not included in the complaint may be withdrawn upon filing certified copies thereof. If a complaint is dismis…

Section 34. The court may by general rule require additional facts to be stated in the complaint and may require the filing of additional papers.

Section 35. If the plaintiff is not a resident of the commonwealth, he shall file with his complaint a paper appointing an agent residing in the commonwealth, giving his name in full and post office address, and shall therein agree that the service of any legal process in proceed…

Section 36. After the filing of a complaint and before registration, the land therein described may be dealt with, and instruments relating thereto shall be recorded in the same manner, as if no such complaint had been filed; but all instruments left for record which relate to su…

Section 37. Immediately after the filing of a complaint, the court shall enter an order referring it to one of the examiners of title, who shall search the records and investigate all facts stated in the complaint or otherwise brought to his notice, and shall file in the case a r…

Section 38. Unless the plaintiff withdraws his petition within fourteen days of the notice of the filing of the examiner's report from the recorder, the recorder shall cause notice of the filing of the complaint to be published in a newspaper published in the district where any p…

Section 39. The return day of said notice shall be not less than twenty nor more than sixty days after the date of issue. The court shall also, within seven days after publication of said notice in a newspaper, cause a copy thereof to be sent by the recorder by mailing a register…

Section 3A. There shall be established a separate session of the land court department, which shall be known as the permit session of the land court department. Sessions of the permit session shall be held in Suffolk, Middlesex, Essex, Norfolk, Plymouth, Worcester and Hampden cou…

Section 4. Processes issuing from the court shall bear teste of the judge, shall be under the seal of the court and be signed by the recorder.

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…