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
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 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 14 - Salaries and Expenses; Practice of Law; Fees
Section 16 - Appeal From Judgment for Jury Trial
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 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 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 42 - General Default; Order; Judgment Confirming Title
Section 44 - Dismissal; Withdrawal
Section 46 - Encumbrances Affecting Certificates of Title
Section 47 - Contents of Judgment of Registration
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 61a - Address of Property Affected
Section 62 - Fraudulent Registration
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 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 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 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 99 - Assurance Fund; Payment; Amount
Section 100 - Custody; Investment; Annual Report
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