Section 5. A person claiming an estate or interest in the land, although not named in the complaint nor served with process, may appear and answer thereto; but a defendant not named shall not recover costs against the commonwealth, unless it appears that he has an estate or interest in the land, although the commonwealth fails to establish its claim thereto. If there are several defendants, the court may award costs for or against any one, as if he were the sole defendant.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title III - Remedies Relating to Real Property
Chapter 245 - Informations by the Commonwealth
Section 1 - Unlawful Entry; Action for Recovery
Section 2 - Order of Governor and Council; When Necessary
Section 4 - Notice by Publication
Section 5 - Defendants, Persons Who May Be; Costs
Section 6 - Rents and Profits; Improvements; Commonwealth Prevailing Party
Section 7 - Judgments for Commonwealth; Effect
Section 8 - Judgments; Conclusiveness
Section 9 - Persons Not Concluded; Action for Recovery
Section 10 - Against Whom Action Brought
Section 11 - Rents and Profits; Improvements; Plaintiff Prevailing Party