Massachusetts General Laws
Chapter 185 - The Land Court and Registration of Title to Land
Section 6 - Recorder; Appointment; Powers and Duties

Section 6. The governor, with the advice and consent of the council, shall appoint a recorder, who shall hold office during good behavior, but subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. Said recorder shall have responsibility for the internal administration of his office, including personnel, staff services and record-keeping. The chief justice or the recorder may submit any dispute that arises between said chief justice and said recorder, concerning the management and administration of the recorder's office, the duties, powers and obligations of the recorder or a member of the recorder's staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the trial court, who shall, within thirty days, determine the matter. The decision of the chief justice of the trial court shall be binding on the parties. The recorder shall not be involuntarily separated from service as such except in the manner provided by section four of chapter two hundred and eleven. He shall attend the sessions of the court, keep a docket of all causes, and affix the seal of the court to all processes or papers requiring it. The recorder may, subject to the approval of the chief justice of the trial court as to compliance with personnel standards promulgated pursuant to section eight of chapter two hundred and eleven B, appoint deputy recorders, a first assistant clerk and an assistant clerk of the land court department and may designate, with like approval, two employees, having the title of deputy assistant clerk, who shall, under his direction, perform the duties of clerk of court. The recorder shall have the same powers as a clerk-magistrate in the superior court department of the trial court insofar as such powers relate to civil matters and shall have the authority to hear and rule on petitions for tax foreclosure and for redemption from tax titles pursuant to chapter sixty.

Structure Massachusetts General Laws

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 3a - Permit Session of the Land Court Department; Jurisdiction; Transfer of Actions; Assignment of Cases; Case Management; Mediation

Section 4 - Processes

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 13 - Court Officers

Section 13a - Stenographers

Section 14 - Salaries and Expenses; Practice of Law; Fees

Section 15 - Trial of Causes and Questions of Fact; Jury Trials; Transfer of Actions to Superior Court

Section 16 - Appeal From Judgment for Jury Trial

Section 17 - Certification From Clerk of Superior Court to Land Court; Further Proceedings Before Land Court

Section 21 - Costs

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 32 - Amendments

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 37 - Reference to Examiner to Search Records and Investigate Facts; Report; Notice of Report to Plaintiff

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 41 - Answer

Section 42 - General Default; Order; Judgment Confirming Title

Section 43 - Hearing of Contested Cases; Default of Persons Not Appearing; Reference to Examiner; Report; Compensation of Examiner

Section 44 - Dismissal; Withdrawal

Section 45 - Judgment of Confirmation and Registration; Opening of Judgment; Remedies of Aggrieved Persons

Section 46 - Encumbrances Affecting Certificates of Title

Section 47 - Contents of Judgment of Registration

Section 48 - Transcription of Judgment in District Where Land Lies; Owner's Duplicate Certificate; Land Lying in More Than One District

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 61 - Information Concerning Grantee and Others Appearing on Instrument; Endorsement of Changes

Section 61a - Address of Property Affected

Section 62 - Fraudulent Registration

Section 63 - Assistant Recorder's Entry Book; Processing of Instruments; Public Inspection of Records; Duplicates and Copies

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 70 - Foreclosure

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 86 - Filing and Registration of Memorandum of Proceedings Affecting Land; Registration of Judgment or Decree

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 92 - Filing and Registration of Judgment in Partition Proceedings or Proceedings for Assignment of Spouse's Statutory Share

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 97 - Entry of New Certificate Upon Descent or Devise; Notice; Hearing; Memorandum of Pendency of Settlement of Estate

Section 98 - Right of Probate Court to License Sale or Mortgage; New Certificate or Memorandum of Registration

Section 99 - Assurance Fund; Payment; Amount

Section 100 - Custody; Investment; Annual Report

Section 101 - Grounds for Recovery From Assurance Fund; Exhausting Other Remedies; Continuance of Action to Await Result of Tort Action

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

Section 117 - Sectional Plans; Authority of Court

Section 118 - Fraudulent Conveyance; Imprisonment Term