Massachusetts General Laws
Chapter 185 - The Land Court and Registration of Title to Land
Section 1 - Jurisdiction; Place of Sittings; Rules and Forms of Procedure

Section 1. The land court department established under section one of chapter two hundred and eleven B shall be a court of record, and wherever the words ''land court'', or wherever in this chapter the word ''court'' is used in that context, they shall refer to the land court department of the trial court, and the words ''judge of the land court'' or the word ''judge'', in context, shall mean an associate justice of the trial court appointed to the land court department. The land court department shall have exclusive original jurisdiction of the following matters:
(a) Complaints for the confirmation and registration and complaints for the confirmation without registration of title to land and easements or rights in land held and possessed in fee simple within the commonwealth, with power to hear and determine all questions arising upon such complaints, and such other questions as may come before it under this chapter, subject to all rights to jury trial and of appeal provided by law. The proceedings upon such complaints shall be proceedings in rem against the land, and the judgments shall operate directly on the land and vest and establish title thereto. A certified copy of the judgment of confirmation and registration shall be filed and registered in the registry district or districts where the land or any portion thereof lies, as provided in section forty-eight, and a certificate of title in the form prescribed by law shall be issued pursuant thereto. Immediately upon the entry of a judgment of confirmation without registration, the recorder shall cause a certified copy of the same to be recorded in the registry of deeds for the district or districts where the land or any portion thereof lies, and thereafter, the land therein described shall be dealt with as unregistered land.
(a1/2) Complaints affecting title to registered land, with the exception of actions commenced pursuant to chapter two hundred and eight or two hundred and nine.
(b) Proceedings for foreclosure of and for redemption from tax titles under chapter sixty.
(c) Actions to recover freehold estates under chapter two hundred and thirty-seven. In such an action brought in accordance with section forty-seven of chapter two hundred and thirty-six, where the tenant is entitled under clause (2) of section nine of chapter one hundred and nine A to retain the real estate as security for repayment of the consideration paid therefor by him, said court may determine the amount of such consideration and may order a judgment for possession upon being satisfied that such amount, with lawful interest, has been paid or tendered by the plaintiff to the defendant.
(d) Petitions to require actions to try title to real estate, under sections one to five, inclusive, of chapter two hundred and forty.
(e) Complaints to determine the validity of encumbrances, under sections eleven to fourteen, inclusive, of chapter two hundred and forty.
(f) Complaints to discharge mortgages, under section fifteen of chapter two hundred and forty.
(g) Complaints under section twenty-seven of chapter two hundred and forty to establish power or authority to transfer an interest in real estate.
(h) Complaints to determine the boundaries of flats, under section nineteen of chapter two hundred and forty.
(i) Complaints under sections sixteen to eighteen, inclusive, of chapter two hundred and forty to determine whether or not equitable restrictions are enforceable.
(j) Complaints under section twelve of chapter forty-two to determine county, city, town or district boundaries.
(j1/2) Complaints under section fourteen A of chapter two hundred and forty to determine the validity and extent of municipal zoning ordinances, by-laws and regulations.
It shall also have original jurisdiction concurrent with the supreme judicial court and the superior court of the following:—
(k) All cases and matters cognizable under the general principles of equity jurisprudence where any right, title or interest in land is involved, including actions for specific performance of contracts.
(l) Actions under clauses (4) and (10) of section 3 of chapter 214, where any right, title or interest in real estate is involved.
(m) Actions under clause (8) of said section 3 of said chapter 214 or under section 9 of chapter 109A, where the property claimed to have been fraudulently conveyed or encumbered consists of rights, titles or interest in real estate only.
(n) Proceedings transferred to it under the provisions of section 4A of chapter 211.
(o) Civil actions of trespass to real estate involving title to real estate.
(p) Actions brought pursuant to the provisions of sections 7 and 17 of chapter 40A.
(q) Actions brought pursuant to sections 81B, 81V, 81Y, and 81BB of chapter 41.
(r) Actions brought pursuant to section 4 or 5 of chapter 249 where any right, title or interest in land is involved, or which arise under or involve the subdivision control law, the zoning act, or municipal zoning, subdivision, or land-use ordinances, by-laws or regulations.
(s) Actions brought pursuant to section 1 of chapter 245.
The land court department also shall have original jurisdiction concurrent with the probate courts of the following:—
(t) Petitions for partition under chapter 241.
The court shall hold its sittings in the cities of Boston, Fall River, and Worcester, but may adjourn from time to time to such other places as public convenience may require. In Suffolk county, the city council of the city of Boston shall provide suitable rooms for the sittings of said court in the same building with, or convenient to, the probate court or the registry of deeds. In Fall River and Worcester, and other counties, the chief justice of administration and management shall make court rooms, clerk facilities, and other trial facilities available to the land court. On or before February 1, 2007, the chief justice of the land court department shall establish procedures for holding regular sessions of the land court in Fall River and Worcester for the consideration of cases arising from central, western, and southeastern Massachusetts, as the caseload requires but not less than once per quarter.
The court shall have jurisdiction throughout the commonwealth, shall always be open, except on Saturdays, Sundays and legal holidays, and shall have a seal with which all orders, processes and papers made by or proceeding from the court and requiring a seal shall be sealed; provided, that, if the convenience of the public so requires, the court shall be open on such Saturdays, not legal holidays, and during such hours thereof, as the judges thereof may determine. Its notices, orders and processes may run into any county and be returnable as it directs.
The court shall from time to time make general rules and forms for procedure, which, before taking effect, shall be approved by the supreme judicial court or by a justice thereof.

Structure Massachusetts General Laws

Massachusetts General Laws

Part II - Real and Personal Property and Domestic Relations

Title I - Title to Real Property

Chapter 185 - The Land Court and Registration of Title to Land

Section 1 - Jurisdiction; Place of Sittings; Rules and Forms of Procedure

Section 2 - Justices and Chief Justice

Section 21/2 - Deputy Court Administrator

Section 3 - Scheduling of Sessions

Section 3a - Permit Session of the Land Court Department; Jurisdiction; Transfer of Actions; Assignment of Cases; Case Management; Mediation

Section 4 - Processes

Section 6 - Recorder; Appointment; Powers and Duties

Section 7 - Custody and Control of Papers and Documents

Section 8 - Places Recorder or Deputy Allowed to Act

Section 9 - Facsimile Signature of Recorder

Section 10 - Registers of Deeds Acting as Assistant Recorders

Section 10a - Technical Assistants; Termination

Section 11 - Oath and Bond of Recorder and Assistant Recorders; Additional Duties

Section 12 - Examiners of Title; Appointment; Acting for Recorder

Section 13 - Court Officers

Section 13a - Stenographers

Section 14 - Salaries and Expenses; Practice of Law; Fees

Section 15 - Trial of Causes and Questions of Fact; Jury Trials; Transfer of Actions to Superior Court

Section 16 - Appeal From Judgment for Jury Trial

Section 17 - Certification From Clerk of Superior Court to Land Court; Further Proceedings Before Land Court

Section 21 - Costs

Section 22 - Filing of Writs, Complaints, Bills and Pleadings

Section 23 - Filing and Indexing of Final Judgments and Executions in County Where Land Lies

Section 24 - Reference to Examiner; Examination and Report

Section 25 - Powers of Land Court

Section 25a - Power of Land Court to Enforce Orders, Sentences, Judgments and Decrees; Contempts

Section 26 - Complaints for Registration of Title

Section 26a - Complaints for Confirmation of Title Without Registration

Section 27 - Filing of Petition; Memorandum Relating to Petition; Duties of Assistant Recorder

Section 28 - Form and Content of Complaint

Section 29 - Land Bounded on Public or Private Way; Content of Complaint

Section 30 - Complaint or Registration Made Subject to Existing Recorded Mortgage or Lease

Section 31 - Inclusion of Two or More Parcels; Joinder

Section 32 - Amendments

Section 33 - Plan of Land and Muniments of Title; Filing; Withdrawal; Further Survey

Section 34 - Additional Facts in Complaint; Additional Papers

Section 35 - Agent for Non-Resident Plaintiff

Section 36 - Transactions Dealing With Land After Filing of Complaint; Record of Disposition of Case

Section 37 - Reference to Examiner to Search Records and Investigate Facts; Report; Notice of Report to Plaintiff

Section 38 - Publication of Notice of Filing of Complaint

Section 39 - Return Day of Notice; Mailing of Copies; Posting of Copies

Section 40 - Appointment of Guardian Ad Litem; Compensation

Section 41 - Answer

Section 42 - General Default; Order; Judgment Confirming Title

Section 43 - Hearing of Contested Cases; Default of Persons Not Appearing; Reference to Examiner; Report; Compensation of Examiner

Section 44 - Dismissal; Withdrawal

Section 45 - Judgment of Confirmation and Registration; Opening of Judgment; Remedies of Aggrieved Persons

Section 46 - Encumbrances Affecting Certificates of Title

Section 47 - Contents of Judgment of Registration

Section 48 - Transcription of Judgment in District Where Land Lies; Owner's Duplicate Certificate; Land Lying in More Than One District

Section 49 - Original and Transfer Certificates

Section 51 - Subdivision; Application for New Certificates

Section 52 - Perpetuation of Registration; Withdrawal; Notice of Voluntary Withdrawal

Section 53 - Prescription, Adverse Possession or Right of Way by Necessity

Section 54 - Evidentiary Effect of Original Certificate or Copies Thereof

Section 55 - Contents of Certificate of Title

Section 56 - Recorder's Duties Relating to Indexes and Records

Section 56a - Complaints for Confirmation of Title; Application of Chapter

Section 57 - Dealings by Owner; Registration as Act of Conveyance

Section 58 - Notice of Registering, Filing or Entering

Section 59 - Interests Less Than Estate in Fee Simple; Registration

Section 60 - Form of Memorandum; Presentation of Doubtful Questions to Court

Section 61 - Information Concerning Grantee and Others Appearing on Instrument; Endorsement of Changes

Section 61a - Address of Property Affected

Section 62 - Fraudulent Registration

Section 63 - Assistant Recorder's Entry Book; Processing of Instruments; Public Inspection of Records; Duplicates and Copies

Section 64 - Procedure to Convey Fee

Section 65 - Procedure to Convey Part of Land Described on Certificate

Section 66 - Statement of Encumbrances or Claims on New Certificate

Section 67 - Authority to Mortgage

Section 68 - Registration of Mortgage

Section 69 - Discharge of Mortgage

Section 70 - Foreclosure

Section 71 - Registration of Leases or Notices of Leases

Section 72 - Trusts in Registered Land

Section 73 - Trusts With Powers of Sale, Mortgage, Etc.

Section 74 - Appointment of New Trustee; Proceedings

Section 75 - Implied or Constructive Trusts; Filing of Statement

Section 76 - Registration of Land Held in Trust

Section 77 - Burdens and Incidents Attaching by Law

Section 78 - Filing and Registration of Attachments or Liens

Section 80 - Filing of Instruments Evidencing Continuation, Reduction, Discharge or Dissolution

Section 81 - Applicability of Laws Relating to Attachment on Mesne Process

Section 82 - Endorsement of Plaintiff's Attorney Upon Writ

Section 83 - Registration of Order Continuing, Reducing or Dissolving Attachment on Mesne Process

Section 84 - Enforcement of Liens

Section 85 - New Certificate to Person Claiming Under Execution

Section 86 - Filing and Registration of Memorandum of Proceedings Affecting Land; Registration of Judgment or Decree

Section 87 - Certificate of Manner of Disposal

Section 88 - Registration of Judgment

Section 89 - Filing and Registration of Execution or Writ of Seisin

Section 90 - Registration of Certificates of Judgment in Writs of Dower and Waste

Section 91 - Registration of Decrees

Section 92 - Filing and Registration of Judgment in Partition Proceedings or Proceedings for Assignment of Spouse's Statutory Share

Section 93 - Registration of Prior Mortgage or Lease With Decree for Partition

Section 94 - Registration of Notices in Insolvency and Copies of Decrees in Bankruptcy

Section 95 - Registration of Discharge

Section 96 - Entry of New Certificate Upon Reverter

Section 97 - Entry of New Certificate Upon Descent or Devise; Notice; Hearing; Memorandum of Pendency of Settlement of Estate

Section 98 - Right of Probate Court to License Sale or Mortgage; New Certificate or Memorandum of Registration

Section 99 - Assurance Fund; Payment; Amount

Section 100 - Custody; Investment; Annual Report

Section 101 - Grounds for Recovery From Assurance Fund; Exhausting Other Remedies; Continuance of Action to Await Result of Tort Action

Section 102 - Defendants in Action to Recover From Fund

Section 103 - Recovery Upon Judgment

Section 104 - Deficiencies in Assurance Fund

Section 105 - Subrogation Rights

Section 106 - Application and Investment of Income of Assurance Fund

Section 107 - Limitations Upon Liability and Amount of Compensation

Section 108 - Limitations Upon Commencement Time of Actions

Section 109 - Evidence of Value of Land, Estate or Interest

Section 110 - Powers of Attorney; Acknowledgment and Filing of Letters of Attorney

Section 112 - Statement Alleging Right or Interest Adverse to Registered Owner

Section 114 - Changes Upon Registration Book; Grounds for Motion to Change

Section 115 - Filing and Entitling of Petitions and Motions After Registration

Section 116 - Mailing of Notices After Registration

Section 117 - Sectional Plans; Authority of Court

Section 118 - Fraudulent Conveyance; Imprisonment Term