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 service of the notice, and the proof to be required of such service. The court may (1) permit service by registered mail on any person, (2) permit names and addresses of owners to be given from the last assessments for local taxation and record search for subsequent changes, (3) require notice to be published in a newspaper or posted on the subject land or both, (4) name as representative of all persons entitled to enforce the restriction, if it benefits more than four parcels, the owners of the benefited land abutting the subject parcel or parcels and of such additional benefited land in or facing the same block or blocks or in the same vicinity as it deems appropriate, describing the remaining persons generally as the owners of certain identified land and permitting service upon them by publication only, (5) order other or additional notice at any time as it deems most effectual, and (6) if it finds that there are persons benefited but not actually served and for whom others served are not sufficiently representative, appoint a disinterested person to represent them and order costs thereof paid by the plaintiff or plaintiffs. Any person entitled to enforce the restriction, whether or not named or described in the notice, may become a party to the proceeding by filing answer within the time specified by the notice or by the court.
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