Massachusetts Statutes

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…

Section 83. If an attachment on mesne process is continued, reduced, dissolved or otherwise affected by an order, decision or judgment of the court where the action or proceeding in which said attachment was made is pending, or by an order of a court having jurisdiction in insolv…

Section 84. Any lien on registered land shall be enforced in the same manner as a like lien on unregistered land. If registered land is set off or sold on execution, or taken or sold for taxes or for any assessment, or sold to enforce a lien for labor or materials, or the lien of…

Section 85. When the time has expired for redemption after registered land has been set off or sold on execution, or taken or sold for the enforcement of a lien of any description, the person claiming under an execution or a deed or other instrument made in the course of proceedi…

Section 86. No civil action to recover a freehold estate, suit for partition, or other proceeding affecting the title to land or the use and occupation thereof or the buildings thereon, and no judgment or decree or any proceeding to vacate or reverse any judgment or decree shall …

Section 87. At any time after final judgment or decree in favor of the defendant, or other disposition in the manner specified in section sixteen of chapter one hundred and eighty-four, of any case where a memorandum has been registered as provided in the preceding section, a cer…

Section 88. If judgment is entered for the plaintiff or demandant in a real action affecting registered land, except in ejectment, and actions under chapter two hundred and thirty-nine relative to terms of less than seven years, such judgment shall be entitled to registration on …

Section 89. If an execution or writ of seisin has been issued in an action under chapter two hundred and thirty-seven affecting registered land and served by the officer, he shall cause an attested copy of the execution, with a return of his doings thereon, to be filed and regist…

Section 9. An authorized facsimile or electronic rendering of the recorder's signature on any court records, orders, decisions, documents or legal papers, or copies thereof, or upon any writ, summons, order of notice, order of attachment or execution shall have the same validity …

Section 90. If, in a writ of dower, judgment is entered confirming the report of the commissioners under section seven of chapter two hundred and thirty-eight, or if, in a writ of waste, judgment is entered that the plaintiff recover the place wasted, a certificate of the entry o…

Section 91. A decree of a court of competent jurisdiction affecting title or rights in registered land, whether made in the exercise of general equity jurisdiction or in the exercise of jurisdiction conferred by statute, may be registered in the same manner as a judgment at law. …

Section 92. In proceedings for partition of registered land, or for the assignment in fee of registered land claimed by husband or wife by statutory right, after the entry of the final judgment and the acceptance of the report of the commissioners, a copy of the judgment and of t…

Section 93. If a certified copy of a decree for partition and of the return of the commissioners is presented for registration, and if a mortgage or lease affecting a specific portion or an undivided share of the premises had previously been registered, the tenant claiming under …

Section 94. Such notices in insolvency and copies of decrees in bankruptcy as are required in the case of unregistered land to be recorded, shall, if the debtor owns registered land, be filed with the assistant recorder and registered. An assignee in insolvency or trustee in bank…

Section 95. If proceedings in insolvency or bankruptcy against a registered owner, of which notice has been registered, are vacated by decree, or if the court of insolvency or bankruptcy grants a discharge in composition proceedings and orders a reconveyance of land to the debtor…

Section 96. If land taken for a public use reverts by operation of law to the owner from whom it was taken or to his heirs or assigns, the court, upon petition of the person entitled to the benefit of the reversion, after notice and a hearing, may order the entry of a new certifi…

Section 97. Upon the death of a registered owner, his heirs at law or devisees, after thirty days from the granting of letters testamentary or of administration, or in case of an appeal, at any time after the entry of judgment pursuant to the rescript of the supreme judicial cour…

Section 98. This chapter shall not affect or impair the jurisdiction of the probate court to license an executor, administrator, guardian or conservator to sell or mortgage registered land for any purpose for which a license may be granted in the case of unregistered land. The pu…

Section 99. Upon original registration, there shall be paid to the recorder one tenth of one per cent of the assessed value of the land, on the basis of the last assessment for municipal taxation, or, in case of the registration of an easement or right, one tenth of one per cent …

Section 1. The housing court department established pursuant to section 1 of chapter 211B shall include: (i) a western division consisting of the municipalities in Berkshire, Franklin, Hampden and Hampshire counties; (ii) a central division consisting of the municipalities in Wor…

Section 10. In case of the illness or absence of a clerk, the chief justice of the housing court department may appoint a temporary clerk to act until the clerk resumes his duties.

Section 11. The clerk of a division of the housing court department may appoint 1 or more assistant clerks, who shall be removable at his pleasure. The clerk shall be responsible for all official acts of the assistant clerks and all powers conferred by statute upon the clerk, unl…

Section 12. The clerk, any temporary clerk and all assistant clerks shall be sworn; and in the case of any temporary clerk and of every assistant clerk, the oath of office shall be administered by the chief justice of the housing court department who shall, upon administering the…

Section 13. The clerk, any temporary clerk and every assistant clerk, before entering upon performance of his official duties, and thereafter, at intervals of not more than one year, so long as he continues to hold such office shall give to the commonwealth a bond, conditioned to…

Section 14. The clerk, temporary clerk and assistant clerks or one of them for each division shall attend all sessions of the housing court department and shall keep a record of all its proceedings. The clerk of each division shall have the care and custody of all the records, bo…

Section 15. The first justice of a division may appoint such number of court officers for his division as the administrative justice of the housing court department may from time to time determine. Any such court officer may be removed for any cause considered by the first justic…

Section 16. The first justice of a particular housing court may appoint, subject to appropriation and subject to the approval of the chief justice of the housing court department, such number of housing specialists as he may from time to time determine. Said first justice may des…

Section 17. No clerk, temporary clerk, assistant clerk or housing specialist shall be retained or employed as an attorney in any complaint, action or suit in any court of the commonwealth.

Section 18. At the trial of any issue of fact, the justice presiding at the trial shall provide for a proper recording system which shall record the proceedings. The cost of said recording system shall be paid by the commonwealth upon the certificate of the court administrator. E…

Section 19. Proceedings shall be commenced in the housing court department as follows: a criminal case by complaint in like manner as in the district court department, a civil action in accordance with the Massachusetts Rules of Civil Procedure; provided, however, that a summary …

Section 2. The divisions of the housing court department shall have superior and general jurisdiction with reference to all cases and matters within their jurisdiction; and no order, decree, judgment, sentence, warrant, writ or process made, issued or pronounced by them need set …

Section 20. Any civil action within the jurisdiction of the housing court department which is pending in another court department may be transferred to the housing court department by any party thereto. Whenever cross actions between the same parties or two or more actions, inclu…

Section 21. All cases in the housing court department, including motions and the like, whether interlocutory or final, shall be heard and determined by a justice of a division of the housing court department sitting without jury, except that in all cases where a jury trial is req…

Section 22. Every judgment or order entered by a division of the housing court department shall bear as its date the day when actually entered by the clerk, and at the time of the entry he shall note such date upon the judgment or order and upon the docket, including the electron…

Section 23. The bond of any receiver appointed by a division of the housing court department shall be payable to the commonwealth and shall otherwise be in such form as the chief justice of the housing court department shall require. Such bond may be enforced in the name of the c…

Section 3. The divisions of the housing court department shall have common law and statutory jurisdiction concurrent with the divisions of the district court department and the superior court department of all crimes and of all civil actions arising in the city of Boston in the c…

Section 4. The western division of the housing court department shall hold its sittings in the city of Springfield in Hampden county and at least 1 sitting each week in courthouse facilities in Berkshire, Franklin and Hampshire counties. The court, with the consent of the chief j…