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 chapter one hundred and eighty-four, to determine and declare whether and in what manner and to what extent and for the benefit of what land the restriction is then enforceable, whether or not a violation has occurred or is threatened. The complaint shall state the names and addresses, so far as known to the plaintiff or plaintiffs, of the owners of the subject parcels as to which the determination is sought, of the owners of any benefited land and of any persons benefited other than persons interested in benefited land. There shall be filed therewith (1) a certified copy of the instrument or instruments imposing the restriction, or of a representative instrument if there are many and the complaint includes a summary of the remainder, and (2) a plan or sketch showing the approximate locations of the parcels as to which the determination is sought, and the other parcel or parcels, if any, which may have the benefit of the restriction, and the ways, public or open to public use, upon which the respective parcels abut or nearest thereto, and the street numbers, if any, of such parcels.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title III - Remedies Relating to Real Property
Chapter 240 - Proceedings for Settlement of Title to Land
Section 1 - Petition to Compel Adverse Claimant to Try Title
Section 2 - Proceedings Upon Petition
Section 3 - Proceedings Upon Appearance
Section 4 - Parties Without Actual Notice; Remedies
Section 5 - Application of Preceding Sections
Section 6 - Actions in Supreme Judicial, Superior or Land Courts
Section 9 - Guardians Ad Litem; Compensation and Expenses
Section 10 - Proceeding in Rem; Effect of Judgment
Section 10a - Restrictions on Land; Determination; Jurisdiction; Petition
Section 10b - Notice of Proceedings; Parties
Section 10c - Determination of Restrictions; Manner
Section 11 - Petition in Land Court to Determine Encumbrances
Section 12 - Unknown, etc., Respondents; Describing; Amending Petition
Section 13 - Respondents Upon Whom Service Cannot Be Made; Notice; Appointing Agents
Section 14 - Jurisdiction; Hearings; Decrees; Costs
Section 14a - Municipal Zoning Ordinances, etc.; Petition for Judicial Determination of Validity
Section 15 - Petition in Land Court; Notice
Section 16 - Jurisdiction of Land Court; Determining Enforceability of Restrictions
Section 17 - Restrictions Injurious to Public Interests; Registration of Land; Damages
Section 19 - Petition to Land Court
Section 21 - Report and Plan of Commissioners; Effect
Section 23 - Determination of Boundaries by Court
Section 24 - Parties; Subsequent Purchasers As
Section 25 - Boundaries Determined Concurrently With Registration
Section 26 - Rights of Commonwealth
Section 27 - Fiduciaries, etc.; Establishing Power or Authority