Mass. Gen. Laws ch. 185 – The Land Court and Registration of Title to Land | Midpage

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Massachusetts General Laws

Chapter 185

Mass. Gen. Laws ch. 185

The Land Court and Registration of Title to Land

1Jurisdiction; place of sittings; rules and forms of procedure 2Justices and chief justice 3Scheduling of sessions 3APermit session of the land court department; jurisdiction; transfer of actions; assignment of cases; case management; mediation 4Processes 6Recorder; appointment; powers and duties 7Custody and control of papers and documents 8Places recorder or deputy allowed to act 9Facsimile or electronic rendering of signature of recorder 10Registers of deeds acting as assistant recorders 10ATechnical assistants; termination 11Oath and bond of recorder and assistant recorders; additional duties 12Examiners of title; appointment; acting for recorder 13Court officers 13AStenographers 14Salaries and expenses; practice of law; fees 15Trial of causes and questions of fact; jury trials; transfer of actions to superior court 16Appeal from judgment for jury trial 17Certification from clerk of superior court to land court; further proceedings before land court 21Costs 21/2Deputy court administrator 22Filing of writs, complaints, bills and pleadings 23Filing and indexing of final judgments and executions in county where land lies 24Reference to examiner; examination and report 25Powers of land court 25APower of land court to enforce orders, sentences, judgments and decrees; contempts 26Complaints for registration of title 26AComplaints for confirmation of title without registration 27Filing of petition; memorandum relating to petition; duties of assistant recorder 28Form and content of complaint 29Land bounded on public or private way; content of complaint 30Complaint or registration made subject to existing recorded mortgage or lease 31Inclusion of two or more parcels; joinder 32Amendments 33Plan of land and muniments of title; filing; withdrawal; further survey 34Additional facts in complaint; additional papers 35Agent for non-resident plaintiff 36Transactions dealing with land after filing of complaint; record of disposition of case 37Reference to examiner to search records and investigate facts; report; notice of report to plaintiff 38Publication of notice of filing of complaint 39Return day of notice; mailing of copies; posting of copies 40Appointment of guardian ad litem; compensation 41Answer 42General default; order; judgment confirming title 43Hearing of contested cases; default of persons not appearing; reference to examiner; report; compensation of examiner 44Dismissal; withdrawal 45Judgment of confirmation and registration; opening of judgment; remedies of aggrieved persons 46Encumbrances affecting certificates of title 47Contents of judgment of registration 48Transcription of judgment in district where land lies; owner's duplicate certificate; land lying in more than one district 49Original and transfer certificates 51Subdivision; application for new certificates 52Notice of voluntary withdrawal; judgment of registration and the entry of a certificate of title; acquisition of land; objections; role of chief justice of the land court 53Prescription, adverse possession or right of way by necessity 54Evidentiary effect of original certificate or copies thereof 55Contents of certificate of title 56Recorder's duties relating to indexes and records 56AComplaints for confirmation of title; application of chapter 57Dealings by owner; registration as act of conveyance 58Notice of registering, filing or entering 59Interests less than estate in fee simple; registration 60Form of memorandum; presentation of doubtful questions to court 61Information concerning grantee and others appearing on instrument; endorsement of changes 61AAddress of property affected 62Fraudulent registration 63Assistant recorder's entry book; processing of instruments; public inspection of records; duplicates and copies 64Procedure to convey fee 65Procedure to convey part of land described on certificate 66Statement of encumbrances or claims on new certificate 67Authority to mortgage 68Registration of mortgage 69Discharge of mortgage 70Foreclosure 71Registration of leases or notices of leases 72Trusts in registered land 73Trusts with powers of sale, mortgage, etc.74Appointment of new trustee; proceedings 75Implied or constructive trusts; filing of statement 76Registration of land held in trust 77Burdens and incidents attaching by law 78Filing and registration of attachments or liens 80Filing of instruments evidencing continuation, reduction, discharge or dissolution 81Applicability of laws relating to attachment on mesne process 82Endorsement of plaintiff's attorney upon writ 83Registration of order continuing, reducing or dissolving attachment on mesne process 84Enforcement of liens 85New certificate to person claiming under execution 86Filing and registration of memorandum of proceedings affecting land; registration of judgment or decree 87Certificate of manner of disposal 88Registration of judgment 89Filing and registration of execution or writ of seisin 90Registration of certificates of judgment in writs of dower and waste 91Registration of decrees 92Filing and registration of judgment in partition proceedings or proceedings for assignment of spouse's statutory share 93Registration of prior mortgage or lease with decree for partition 94Registration of notices in insolvency and copies of decrees in bankruptcy 95Registration of discharge 96Entry of new certificate upon reverter 97Entry of new certificate upon descent or devise; notice; hearing; memorandum of pendency of settlement of estate 98Right of probate court to license sale or mortgage; new certificate or memorandum of registration 99Assurance fund; payment; amount 100Custody; investment; annual report 101Grounds for recovery from assurance fund; exhausting other remedies; continuance of action to await result of tort action 102Defendants in action to recover from fund 103Recovery upon judgment 104Deficiencies in assurance fund 105Subrogation rights 106Application and investment of income of assurance fund 107Limitations upon liability and amount of compensation 108Limitations upon commencement time of actions 109Evidence of value of land, estate or interest 110Powers of attorney; acknowledgment and filing of letters of attorney 112Statement alleging right or interest adverse to registered owner 114Changes upon registration book; grounds for motion to change 115Filing and entitling of petitions and motions after registration 116Mailing of notices after registration 117Sectional plans; authority of court 118Fraudulent conveyance; imprisonment term