Section 17. The court may at any time direct an examination of the title, or the making of a plan, of any land included in the petition, or such investigation relating to the description or title of any of it as seems useful or desirable for its better division or sale. If it appears from the report of a title examiner or from any other source that there are necessary parties, as defined in section six, who were not made parties to the petition, and have not appeared, the court shall, before proceeding further, cause the petitioner to amend his petition by making such persons parties, and to give notice to them in the manner provided in section eight. The court may also cause notice to be given to any encumbrancer whose interest may be disclosed by the examination or otherwise. If it appears at any stage of the proceedings that the land is improperly described, the court may, before proceeding further, require the petitioner to amend his petition by inserting a correct description.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title III - Remedies Relating to Real Property
Chapter 241 - Partition of Land
Section 1 - Persons Entitled to Partition
Section 2 - Jurisdiction; Probate Courts; Land Court
Section 3 - Land Within Jurisdiction of Probate Court in Two or More Counties
Section 4 - Extent of Land Partitioned
Section 5 - Division of Shares
Section 6 - Form and Contents of Petition; Interveners
Section 7 - Notice; Filing; Registered Land
Section 8 - Notice Given by Citation; Contents; Publication; Service
Section 9 - Persons Not Personally Served; Absent, Incompetent or Undetermined Parties
Section 10 - Interlocutory Decree; Redemption
Section 11 - Dispute as to Ownership of Share
Section 12 - Commissioners; Appointment; Duties
Section 13 - Land in Different Counties
Section 14 - Indivisible Land; Partition
Section 15 - Money Awards; Payment or Security
Section 16 - Return of Commissioners; Confirmation; Amendments; Final Decrees; Recording
Section 17 - Examination of Title, Investigations, etc.; Omitted Parties; Improper Descriptions
Section 18 - Conclusiveness of Partition
Section 19 - Persons Not Named in Petition Claiming Assigned Shares; Partitions by Sale
Section 20 - Stranger Claiming as Co-Tenant; Remedies
Section 21 - Stranger Claiming Paramount Title
Section 23 - Improvements; Compensation
Section 24 - Improvements Made Before New Partition; Compensation
Section 25 - Equity Jurisdiction
Section 26 - Death of Party Named in Petition
Section 28 - Mortgagee, etc., of Co-Tenant
Section 29 - Improvements Made by Person Evicted; Compensation
Section 30 - Trusteeship, etc.; Effect on Partition
Section 31 - Partition by Sale
Section 32 - Liability of Commissioners; Partition by Sale
Section 33 - Attachments or Liens; Failure to Disclose; Penalties
Section 34 - Unclaimed Proceeds of Sale; Disposition
Section 35 - Trustees; Appointment; Bond
Section 36 - Water Rights; Other Incorporeal Hereditaments; Division
Section 37 - Nonnavigable Natural Streams; Partition of Water