§ 1 Jurisdiction; place of sittings; rules and forms of procedure
§ 2 Justices and chief justice
§ 3 Scheduling of sessions
§ 3A Permit session of the land court department; jurisdiction; transfer of actions; assignment of cases; case management; mediation
§ 4 Processes
§ 6 Recorder; appointment; powers and duties
§ 7 Custody and control of papers and documents
§ 8 Places recorder or deputy allowed to act
§ 9 Facsimile or electronic rendering of signature of recorder
§ 10 Registers of deeds acting as assistant recorders
§ 10A Technical assistants; termination
§ 11 Oath and bond of recorder and assistant recorders; additional duties
§ 12 Examiners of title; appointment; acting for recorder
§ 13 Court officers
§ 13A Stenographers
§ 14 Salaries and expenses; practice of law; fees
§ 15 Trial of causes and questions of fact; jury trials; transfer of actions to superior court
§ 16 Appeal from judgment for jury trial
§ 17 Certification from clerk of superior court to land court; further proceedings before land court
§ 21 Costs
§ 21/2 Deputy court administrator
§ 22 Filing of writs, complaints, bills and pleadings
§ 23 Filing and indexing of final judgments and executions in county where land lies
§ 24 Reference to examiner; examination and report
§ 25 Powers of land court
§ 25A Power of land court to enforce orders, sentences, judgments and decrees; contempts
§ 26 Complaints for registration of title
§ 26A Complaints for confirmation of title without registration
§ 27 Filing of petition; memorandum relating to petition; duties of assistant recorder
§ 28 Form and content of complaint
§ 29 Land bounded on public or private way; content of complaint
§ 30 Complaint or registration made subject to existing recorded mortgage or lease
§ 31 Inclusion of two or more parcels; joinder
§ 32 Amendments
§ 33 Plan of land and muniments of title; filing; withdrawal; further survey
§ 34 Additional facts in complaint; additional papers
§ 35 Agent for non-resident plaintiff
§ 36 Transactions dealing with land after filing of complaint; record of disposition of case
§ 37 Reference to examiner to search records and investigate facts; report; notice of report to plaintiff
§ 38 Publication of notice of filing of complaint
§ 39 Return day of notice; mailing of copies; posting of copies
§ 40 Appointment of guardian ad litem; compensation
§ 41 Answer
§ 42 General default; order; judgment confirming title
§ 43 Hearing of contested cases; default of persons not appearing; reference to examiner; report; compensation of examiner
§ 44 Dismissal; withdrawal
§ 45 Judgment of confirmation and registration; opening of judgment; remedies of aggrieved persons
§ 46 Encumbrances affecting certificates of title
§ 47 Contents of judgment of registration
§ 48 Transcription of judgment in district where land lies; owner’s duplicate certificate; land lying in more than one district
§ 49 Original and transfer certificates
§ 51 Subdivision; application for new certificates
§ 52 Perpetuation of registration; withdrawal; notice of voluntary withdrawal
§ 53 Prescription, adverse possession or right of way by necessity
§ 54 Evidentiary effect of original certificate or copies thereof
§ 55 Contents of certificate of title
§ 56 Recorder’s duties relating to indexes and records
§ 56A Complaints for confirmation of title; application of chapter
§ 57 Dealings by owner; registration as act of conveyance
§ 58 Notice of registering, filing or entering
§ 59 Interests less than estate in fee simple; registration
§ 60 Form of memorandum; presentation of doubtful questions to court
§ 61 Information concerning grantee and others appearing on instrument; endorsement of changes
§ 61A Address of property affected
§ 62 Fraudulent registration
§ 63 Assistant recorder’s entry book; processing of instruments; public inspection of records; duplicates and copies
§ 64 Procedure to convey fee
§ 65 Procedure to convey part of land described on certificate
§ 66 Statement of encumbrances or claims on new certificate
§ 67 Authority to mortgage
§ 68 Registration of mortgage
§ 69 Discharge of mortgage
§ 70 Foreclosure
§ 71 Registration of leases or notices of leases
§ 72 Trusts in registered land
§ 73 Trusts with powers of sale, mortgage, etc.
§ 74 Appointment of new trustee; proceedings
§ 75 Implied or constructive trusts; filing of statement
§ 76 Registration of land held in trust
§ 77 Burdens and incidents attaching by law
§ 78 Filing and registration of attachments or liens
§ 80 Filing of instruments evidencing continuation, reduction, discharge or dissolution
§ 81 Applicability of laws relating to attachment on mesne process
§ 82 Endorsement of plaintiff’s attorney upon writ
§ 83 Registration of order continuing, reducing or dissolving attachment on mesne process
§ 84 Enforcement of liens
§ 85 New certificate to person claiming under execution
§ 86 Filing and registration of memorandum of proceedings affecting land; registration of judgment or decree
§ 87 Certificate of manner of disposal
§ 88 Registration of judgment
§ 89 Filing and registration of execution or writ of seisin
§ 90 Registration of certificates of judgment in writs of dower and waste
§ 91 Registration of decrees
§ 92 Filing and registration of judgment in partition proceedings or proceedings for assignment of spouse’s statutory share
§ 93 Registration of prior mortgage or lease with decree for partition
§ 94 Registration of notices in insolvency and copies of decrees in bankruptcy
§ 95 Registration of discharge
§ 96 Entry of new certificate upon reverter
§ 97 Entry of new certificate upon descent or devise; notice; hearing; memorandum of pendency of settlement of estate
§ 98 Right of probate court to license sale or mortgage; new certificate or memorandum of registration
§ 99 Assurance fund; payment; amount
§ 100 Custody; investment; annual report
§ 101 Grounds for recovery from assurance fund; exhausting other remedies; continuance of action to await result of tort action
§ 102 Defendants in action to recover from fund
§ 103 Recovery upon judgment
§ 104 Deficiencies in assurance fund
§ 105 Subrogation rights
§ 106 Application and investment of income of assurance fund
§ 107 Limitations upon liability and amount of compensation
§ 108 Limitations upon commencement time of actions
§ 109 Evidence of value of land, estate or interest
§ 110 Powers of attorney; acknowledgment and filing of letters of attorney
§ 112 Statement alleging right or interest adverse to registered owner
§ 114 Changes upon registration book; grounds for motion to change
§ 115 Filing and entitling of petitions and motions after registration
§ 116 Mailing of notices after registration
§ 117 Sectional plans; authority of court
§ 118 Fraudulent conveyance; imprisonment term

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Terms Used In Massachusetts General Laws > Chapter 185 - The Land Court and Registration of Title to Land

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oath: A promise to tell the truth.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.