Massachusetts Statutes

Section 44. The provisions of this chapter relative to rents and profits to be recovered, an allowance for improvements made on the land demanded and the value of the land without the improvements shall not apply to an action brought by a mortgagee, his heirs or assigns, against …

Section 5. Such action shall be prosecuted in the same manner as if the plaintiff, at the time of commencing the action, had made an actual entry on the land demanded and had been immediately ousted by the defendant. In a trial upon the general issue, if the plaintiff proves that…

Section 6. A person in possession of land demanded in a civil action, claiming an estate of freehold therein, may be considered as a disseisor for the purpose of trying the right, irrespective of the manner of his original entry therein.

Section 7. If the person in possession has actually ousted the plaintiff or withheld from him the possession of the land, he may, at the election of the plaintiff, be considered as a disseisor for the purpose of trying the right, although he claims an estate less than a freehold.

Section 8. Joint tenants or tenants in common may join in a civil action for the recovery of land, or any one of them may sue alone for his share.

Section 9. The law and practice relative to pleadings and evidence in a writ of entry upon disseisin, as heretofore recognized and established, shall continue in force, except as altered by this chapter and chapters one hundred and eighty-five and two hundred and thirty-one and b…

Section 1. If a forcible entry into land or tenements has been made, if a peaceable entry has been made and the possession is unlawfully held by force, if the lessee of land or tenements or a person holding under him holds possession without right after the determination of a lea…

Section 10. Upon application for such a stay of proceedings, the court shall hear the parties, and if upon the hearing it appears that the premises of which possession is sought to be recovered are used for dwelling purposes; that the applicant cannot secure suitable premises for…

Section 11. Such stay shall be granted and continue effective only upon the condition that the applicant shall make a deposit in court of the entire amount, or such instalments thereof from time to time, as the court may direct, for the occupation of the premises for the period o…

Section 12. Any provision of a lease whereby a lessee or tenant waives the benefits of any provision of sections nine to thirteen, inclusive, shall be deemed to be against public policy and void.

Section 13. Costs recoverable under section three shall, in actions to which sections nine to eleven, inclusive, apply, include only legal costs covering actual disbursements and shall not include fictitious costs, so-called.

Section 14. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated as a result of summary process, the property owner, lessor or a designee shall inspect the property for the presence of abandoned animals. If the propert…

Section 15. (a) For the purposes of this section, ''emergency rental assistance'' shall, unless the context clearly requires otherwise, mean financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families …

Section 16. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Consumer report'', a written, oral or other communication of any information by a consumer reporting agency bearing on a person…

Section 1A. A lessor of land or tenements used for residential purposes may bring an action under this chapter to recover possession thereof before the determination of the lease by its own limitation, subject to the following conditions and restrictions. The tenancy of the premi…

Section 2. Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or such other amount as is ordere…

Section 2A. It shall be a defense to an action for summary process that such action or the preceding action of terminating the tenant's tenancy, was taken against the tenant for the tenant's act of commencing, proceeding with, or obtaining relief in any judicial or administrative…

Section 3. Except as hereinafter provided, if the court finds that the plaintiff is entitled to possession, he shall have judgment and execution for possession and costs, and, if rent is claimed as provided in section two and found due, the judgment and execution shall include th…

Section 4. (a) If an officer, serving an execution issued on a judgment for the plaintiff for possession of land or tenements, removes personal property, belonging to a person other than the plaintiff, from the land or tenements, he shall forthwith cause it to be stored for the b…

Section 5. (a) If either party appeals from a judgment of the superior court, a housing court, or a district court in an action under this chapter, including a judgment on a counterclaim, that party shall file a notice of appeal with the court within 10 days after the entry of th…

Section 6. If the action is for the possession of land after foreclosure of a mortgage thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the l…

Section 6A. If the action is for the possession of land after foreclosure of a tax title thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the…

Section 7. The judgment in an action under this chapter shall not be a bar to any action thereafter brought by either party to recover the land or tenements in question, or to recover damages for any trespass thereon; but the amount recovered for rent under section five shall be …

Section 8. There shall be no recovery under this chapter of any land or tenements of which the defendant, his ancestors or those under whom he holds the land or tenements have been in quiet possession for three years next before the commencement of the action unless the defendant…

Section 8A. In any action under this chapter to recover possession of any premises rented or leased for dwelling purposes, brought pursuant to a notice to quit for nonpayment of rent, or where the tenancy has been terminated without fault of the tenant or occupant, the tenant or …

Section 9. In an action of summary process to recover possession of premises occupied for dwelling purposes, other than a room in a hotel, or a dwelling unit in a lodging house or rooming house wherein the occupant has maintained such occupancy for less than three consecutive mon…

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.