Section 26. Complaints for registration of title may be made by the following persons:
First, Persons who claim, singly or collectively, to own the legal estate or easements or rights in land held and possessed in fee simple.
Second, Persons who claim, singly or collectively, to have the power of appointing or disposing of the legal estate or easements or rights in land held and possessed in fee simple.
Third, Infants and other persons under disability, by their legally appointed guardians; but the person in whose behalf the complaint is made shall be named as plaintiff.
Fourth, Corporations, by any officer duly authorized by a vote of the directors.
One or more tenants for a term of years, which is regarded as a fee simple in section one of chapter one hundred and eighty-six, shall not bring an action except jointly with those who claim the reversionary interest which makes up the fee simple at common law; nor shall a mortgagor, except as hereinafter provided, bring an action without the written consent of the mortgagee; nor shall one or more tenants bring an action who claim undivided shares less than a fee simple in the whole land described in the complaint for registration. If the holder of a mortgage does not consent to the complaint, it may be entered nevertheless, and the title registered, subject to the mortgage, which may be dealt with or foreclosed as if the land subject to it had not been registered. The judgment of registration in such case shall describe the mortgage, and shall state that it has not been registered and that registration is made subject to it, and shall provide that no subsequent certificate shall be issued and no further papers registered relative to such land after a foreclosure of such mortgage.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 185 - The Land Court and Registration of Title to Land
Section 1 - Jurisdiction; Place of Sittings; Rules and Forms of Procedure
Section 2 - Justices and Chief Justice
Section 21/2 - Deputy Court Administrator
Section 3 - Scheduling of Sessions
Section 6 - Recorder; Appointment; Powers and Duties
Section 7 - Custody and Control of Papers and Documents
Section 8 - Places Recorder or Deputy Allowed to Act
Section 9 - Facsimile Signature of Recorder
Section 10 - Registers of Deeds Acting as Assistant Recorders
Section 10a - Technical Assistants; Termination
Section 11 - Oath and Bond of Recorder and Assistant Recorders; Additional Duties
Section 12 - Examiners of Title; Appointment; Acting for Recorder
Section 14 - Salaries and Expenses; Practice of Law; Fees
Section 16 - Appeal From Judgment for Jury Trial
Section 22 - Filing of Writs, Complaints, Bills and Pleadings
Section 23 - Filing and Indexing of Final Judgments and Executions in County Where Land Lies
Section 24 - Reference to Examiner; Examination and Report
Section 25 - Powers of Land Court
Section 25a - Power of Land Court to Enforce Orders, Sentences, Judgments and Decrees; Contempts
Section 26 - Complaints for Registration of Title
Section 26a - Complaints for Confirmation of Title Without Registration
Section 27 - Filing of Petition; Memorandum Relating to Petition; Duties of Assistant Recorder
Section 28 - Form and Content of Complaint
Section 29 - Land Bounded on Public or Private Way; Content of Complaint
Section 30 - Complaint or Registration Made Subject to Existing Recorded Mortgage or Lease
Section 31 - Inclusion of Two or More Parcels; Joinder
Section 33 - Plan of Land and Muniments of Title; Filing; Withdrawal; Further Survey
Section 34 - Additional Facts in Complaint; Additional Papers
Section 35 - Agent for Non-Resident Plaintiff
Section 36 - Transactions Dealing With Land After Filing of Complaint; Record of Disposition of Case
Section 38 - Publication of Notice of Filing of Complaint
Section 39 - Return Day of Notice; Mailing of Copies; Posting of Copies
Section 40 - Appointment of Guardian Ad Litem; Compensation
Section 42 - General Default; Order; Judgment Confirming Title
Section 44 - Dismissal; Withdrawal
Section 46 - Encumbrances Affecting Certificates of Title
Section 47 - Contents of Judgment of Registration
Section 49 - Original and Transfer Certificates
Section 51 - Subdivision; Application for New Certificates
Section 52 - Perpetuation of Registration; Withdrawal; Notice of Voluntary Withdrawal
Section 53 - Prescription, Adverse Possession or Right of Way by Necessity
Section 54 - Evidentiary Effect of Original Certificate or Copies Thereof
Section 55 - Contents of Certificate of Title
Section 56 - Recorder's Duties Relating to Indexes and Records
Section 56a - Complaints for Confirmation of Title; Application of Chapter
Section 57 - Dealings by Owner; Registration as Act of Conveyance
Section 58 - Notice of Registering, Filing or Entering
Section 59 - Interests Less Than Estate in Fee Simple; Registration
Section 60 - Form of Memorandum; Presentation of Doubtful Questions to Court
Section 61a - Address of Property Affected
Section 62 - Fraudulent Registration
Section 64 - Procedure to Convey Fee
Section 65 - Procedure to Convey Part of Land Described on Certificate
Section 66 - Statement of Encumbrances or Claims on New Certificate
Section 67 - Authority to Mortgage
Section 68 - Registration of Mortgage
Section 69 - Discharge of Mortgage
Section 71 - Registration of Leases or Notices of Leases
Section 72 - Trusts in Registered Land
Section 73 - Trusts With Powers of Sale, Mortgage, Etc.
Section 74 - Appointment of New Trustee; Proceedings
Section 75 - Implied or Constructive Trusts; Filing of Statement
Section 76 - Registration of Land Held in Trust
Section 77 - Burdens and Incidents Attaching by Law
Section 78 - Filing and Registration of Attachments or Liens
Section 80 - Filing of Instruments Evidencing Continuation, Reduction, Discharge or Dissolution
Section 81 - Applicability of Laws Relating to Attachment on Mesne Process
Section 82 - Endorsement of Plaintiff's Attorney Upon Writ
Section 83 - Registration of Order Continuing, Reducing or Dissolving Attachment on Mesne Process
Section 84 - Enforcement of Liens
Section 85 - New Certificate to Person Claiming Under Execution
Section 87 - Certificate of Manner of Disposal
Section 88 - Registration of Judgment
Section 89 - Filing and Registration of Execution or Writ of Seisin
Section 90 - Registration of Certificates of Judgment in Writs of Dower and Waste
Section 91 - Registration of Decrees
Section 93 - Registration of Prior Mortgage or Lease With Decree for Partition
Section 94 - Registration of Notices in Insolvency and Copies of Decrees in Bankruptcy
Section 95 - Registration of Discharge
Section 96 - Entry of New Certificate Upon Reverter
Section 99 - Assurance Fund; Payment; Amount
Section 100 - Custody; Investment; Annual Report
Section 102 - Defendants in Action to Recover From Fund
Section 103 - Recovery Upon Judgment
Section 104 - Deficiencies in Assurance Fund
Section 105 - Subrogation Rights
Section 106 - Application and Investment of Income of Assurance Fund
Section 107 - Limitations Upon Liability and Amount of Compensation
Section 108 - Limitations Upon Commencement Time of Actions
Section 109 - Evidence of Value of Land, Estate or Interest
Section 110 - Powers of Attorney; Acknowledgment and Filing of Letters of Attorney
Section 112 - Statement Alleging Right or Interest Adverse to Registered Owner
Section 114 - Changes Upon Registration Book; Grounds for Motion to Change
Section 115 - Filing and Entitling of Petitions and Motions After Registration
Section 116 - Mailing of Notices After Registration