Massachusetts General Laws
Chapter 241 - Partition of Land
Section 23 - Improvements; Compensation

Section 23. If the court in which partition proceedings are pending finds that one of the co-tenants has erected any buildings or made other permanent improvements on the common land, it may, if justice and equity so require, award such compensation as it deems proper for the value of such buildings or other improvements, not exceeding, however, the actual amount by which the market value of the common land has been increased thereby; and in awarding such compensation the court may deduct any benefit which the party claiming compensation has received from the common land. The court may make orders and decrees for the enforcement or protection of any such claim, and in case of partition by division may order the improved part set off to the party who made the improvement, and the land divided as if the improvement had not been made.

Structure Massachusetts General Laws

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 22 - Costs

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 27 - Persons Evicted

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