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
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