reglab/housing_qa huggingface dataset:
MA Gen L ch 241 § 8 (2021)
2021 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 8 - Notice Given by Citation; Contents; Publication; Service

Section 8. Notice shall be given by a citation containing a brief description of the land, and the minimum price in case it is desired to sell the land or any part thereof at private sale. The citation shall be addressed to all known respondents by name, and, in addition, in express terms to all other persons interested. Said notice shall be given to each respondent, whether within or without the commonwealth, whose address is known, by serving the same, either personally or by registered mail, fourteen days at least before the return day; and to each respondent whose address is not known by mailing a copy thereof to the last known address of such party fourteen days at least before the return day, and by publishing the notice once in each of three successive weeks in such newspaper as the court shall order, the last publication to be one day at least before the return day. Proof of service and notice shall be made by affidavit, setting forth the particulars of the service on each respondent, and any other notice given, and if actual notice has been given by registered mail the affidavit shall so state. The court may in its discretion cause further notice to be given.
MA Gen L ch 241 § 9 (2021)
2021 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 9 - Persons Not Personally Served; Absent, Incompetent or Undetermined Parties

Section 9. If any party named in the petition has not been served personally with the citation and has not appeared, or is a minor or under other disability and has no guardian or other legal representative within the commonwealth, or if any person whose name is unknown, or who is unascertained or not in being, appears by the record in the case to have an estate, vested or contingent, as a co-tenant of the land of which partition is sought, the court shall appoint a suitable person to act for him in the proceedings.
MA Gen L ch 241 § 10 (2021)
2021 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 10 - Interlocutory Decree; Redemption

Section 10. If it is found that the petitioner is entitled to have partition for the share claimed or for any less share, the court shall make the interlocutory decree that partition be made, and therein determine the persons to whom and the proportions in which the shares shall be set off. The petition shall not be defeated by the payment by a party of a mortgage, lien, tax or other encumbrance upon the land, if the other parties are entitled to redeem from such payment; but the interlocutory decree shall contain such terms and conditions relative to redemption by a contribution on account of any such payment as the court may deem equitable.
MA Gen L ch 241 § 11 (2021)
2021 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 11 - Dispute as to Ownership of Share

Section 11. If the ownership of any share appears to be in dispute or uncertain, the court may, in its discretion, without determination of such question, order the partition to proceed by setting off the remaining shares, or by sale. The land not set off, or the proceeds of the share in dispute or uncertain, may be left for the parties entitled thereto in a further partition or distribution in such manner and upon such proceedings as the court may order. The interlocutory decree shall not preclude the parties sharing in the partition from any share to which they may be entitled in a subsequent partition or distribution.
MA Gen L ch 241 § 12 (2021)
2021 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 12 - Commissioners; Appointment; Duties

Section 12. If the court determines the petitioner entitled to partition, it shall thereupon appoint one or more disinterested commissioners and issue a warrant to them to make partition. The commissioners, before entering upon their duties, shall be sworn to execute the warrant faithfully and impartially, and a certificate of the oath shall be made on the warrant by the person administering it. They shall give at least seven days' notice of the time and place appointed for making the partition, either personally or by registered mail, to all known persons interested therein, and shall make and sign a report of their doings and return it with their warrant.
MA Gen L ch 241 § 13 (2021)
2021 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 13 - Land in Different Counties

Section 13. If the land lies in different counties, the court may in its discretion issue separate warrants and appoint different commissioners for each county, or for two or more counties together, in which case the partition shall be made of the land in each county, or group of counties, as if there were no other land to be divided.
MA Gen L ch 241 § 14 (2021)
2021 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 14 - Indivisible Land; Partition

Section 14. If a part of the land cannot be divided without great inconvenience to the owners, or is of greater value than the share of any party, or if all the land cannot be divided without such inconvenience, the whole or any part thereof may be set off to any one or more of the parties, with his or their consent, upon payment by him or them to any one or more of the others of such amounts of money as the commissioners award to make the partition just and equal.
MA Gen L ch 241 § 15 (2021)
2021 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 15 - Money Awards; Payment or Security

Section 15. If money is awarded to make the partition just and equal, the court shall be satisfied, before the partition is confirmed, that the money has been paid or secured to the parties entitled thereto. Money awarded on account of shares in dispute or uncertain may be ordered to be deposited in the manner provided in section thirty-four.
MA Gen L ch 241 § 16 (2021)
2021 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 16 - Return of Commissioners; Confirmation; Amendments; Final Decrees; Recording

Section 16. The court may after hearing accept and confirm the return of the commissioners, or set it aside and commit the case anew to the same or to other commissioners having the same powers as those originally appointed; or it may, after a hearing, amend the return, and accept and confirm it as amended. After the return of the commissioners has been accepted and confirmed, the court shall thereupon enter a decree that the partition be firm and effectual forever. If the partition is by division, the commissioners shall record a certified copy of the decree in the registry of deeds for each district where any of the land lies, together with so much of the return, as finally confirmed, as relates thereto; or if any part of the land is registered land, they shall in recording the same comply with section 92 of chapter 185.
MA Gen L ch 241 § 17 (2021)
2021 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 17 - Examination of Title, Investigations, etc.; Omitted Parties; Improper Descriptions

Section 17. The court may at any time direct an examination of the title, or the making of a plan, of any land included in the petition, or such investigation relating to the description or title of any of it as seems useful or desirable for its better division or sale. If it appears from the report of a title examiner or from any other source that there are necessary parties, as defined in section six, who were not made parties to the petition, and have not appeared, the court shall, before proceeding further, cause the petitioner to amend his petition by making such persons parties, and to give notice to them in the manner provided in section eight. The court may also cause notice to be given to any encumbrancer whose interest may be disclosed by the examination or otherwise. If it appears at any stage of the proceedings that the land is improperly described, the court may, before proceeding further, require the petitioner to amend his petition by inserting a correct description.
MA Gen L ch 241 § 18 (2021)
2021 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 18 - Conclusiveness of Partition

Section 18. The partition by division, when confirmed and established by a final decree under section sixteen, or the sale if partition is made by sale, shall be conclusive upon all persons named in the petition or interested in the land therein described who appeared in the case or who waived notice or assented in writing to the same, or to whom due notice was given in accordance with section six or eight, or who were represented as provided in section nine, and upon all persons claiming through or under them or any of them, and, if the common title is derived through the settlement of the estate of a deceased person in any probate court within the commonwealth, upon all the heirs and devisees of such deceased person to whom the notice aforesaid was given or who were so represented, and upon all persons claiming through or under them.
MA Gen L ch 241 § 19 (2021)
2021 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 19 - Persons Not Named in Petition Claiming Assigned Shares; Partitions by Sale

Section 19. A person who was not made a party and has not appeared, who claims the whole or any part of the share assigned to or left for any of the supposed co-tenants in the decree for partition, shall be concluded by the decree, so far as it relates to the partition and the assignment of the shares, as if he had been a party to the proceedings; but he may bring his action for the share claimed by him against the person to whom it was assigned or for whom it was left. Such action shall be brought against the tenant in possession, as if the demandant had originally claimed the specific parcel demanded instead of an undivided part of the land; and it may be brought within the time in which it might have been brought if no such decree for partition had been rendered. If partition is made by sale, the claimant may recover the share of the proceeds to which he is entitled by action against the persons to whom the proceeds were paid, or, before the payment, by a petition in equity in the court in which the partition was made, to which the commissioner or commissioners and all known claimants of the share shall be made parties defendant.
MA Gen L ch 241 § 20 (2021)
2021 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 20 - Stranger Claiming as Co-Tenant; Remedies

Section 20. A person who was not made a party and has not appeared and who claims part of the land as a co-tenant with any of those who were parties to the action, shall, if the share so claimed was unknown or not allowed and left for him in the process of partition, be concluded by the decree so far as it relates to the partition, but may, subject to section eighteen, bring an action for the share claimed by him against each of the persons holding any part of the land under the decree for partition; and, if he prevails, shall recover against each the same proportion of the part so held that he was entitled to claim out of all the land before the partition. If the partition was made by sale, he may in like manner recover his portion of the proceeds, as provided in the preceding section.
MA Gen L ch 241 § 21 (2021)
2021 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 21 - Stranger Claiming Paramount Title

Section 21. A person who has not appeared and who claims to hold by title paramount to that under which the petitioner claims as a co-tenant shall not be concluded by the partition, but may maintain his action for the land against any or all of the parties, or persons holding under them, within the time in which he might have brought such action if the petition for partition had not been filed.
MA Gen L ch 241 § 22 (2021)
2021 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 22 - Costs

Section 22. The reasonable expenses and charges of partition proceedings, including examination of title and preparation of plan ordered by the court under section seventeen, and the fees of counsel, of the commissioners, and of all agents, guardians and other persons appointed to represent interests in accordance with section nine, shall be determined by the court, and in case of sale paid by the commissioners out of the proceeds; and in case of partition by division shall be paid by the petitioner, who shall be entitled to contribution from the parties to whom shares of the land are set off who take a vested, and not contingent, interest. Such contribution shall be in proportion to the interests of the parties unless the court finds a different proportion more equitable. Costs may also be awarded under section forty-five of chapter two hundred and fifteen. Execution may issue for said contribution and costs.
MA Gen L ch 241 § 23 (2021)
2021 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 23 - Improvements; Compensation

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.
MA Gen L ch 241 § 24 (2021)
2021 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 24 - Improvements Made Before New Partition; Compensation

Section 24. If after a first partition improvements have been made on a part of the land which, by a new partition, is taken from the share of the party who made the improvements, he shall be entitled to compensation therefor, to be awarded and enforced as provided in the preceding section.
MA Gen L ch 241 § 25 (2021)
2021 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 25 - Equity Jurisdiction

Section 25. The court in which a petition has been brought under this chapter shall have jurisdiction in equity over all matters relating to the partition, and, in case of sale, over the distribution of the proceeds thereof; also to hear and determine all matters of accounting between the parties to the petition in reference to the common land, and to appoint 1 or more receivers to take possession of the common land or any part thereof, and collect the rents and profits therefrom. The jurisdiction may be exercised upon petition according to the usual course of proceedings in that court. Such receiver shall give bond in such amount and with such sureties as the court shall order, and shall distribute the rents among the co-tenants, or otherwise hold or dispose of the same in such manner as the court shall determine by its decree.
MA Gen L ch 241 § 26 (2021)
2021 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 26 - Death of Party Named in Petition

Section 26. If a party named in the petition has died prior to the filing thereof, or dies during its pendency, and such fact did not appear during the proceedings, his heir or devisee shall be entitled to the share of land set off to him or his share of the proceeds of a sale. If his death is made known to the court during the proceedings, the share or portion formerly belonging to him may be assigned or set off in his name to be held and disposed of as if the partition had been made prior to his decease, and his heir or devisee may recover the portion assigned to him, or his share of the proceeds, by appropriate action. The court may, however, in any case arising hereunder, if there has been a sale, order his share of the proceeds to be paid to his personal representatives pending settlement of his estate, or deposited under section thirty-four to await their appointment.
MA Gen L ch 241 § 27 (2021)
2021 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 27 - Persons Evicted

Section 27. If a person to or for whom a part of the land has been set off is evicted by one who, at the time of the partition, had a paramount title to that parcel, but not to the whole land, the person so evicted may have a new partition of the remaining land not subject to the paramount title, as if partition had not been made.
MA Gen L ch 241 § 28 (2021)
2021 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 28 - Mortgagee, etc., of Co-Tenant

Section 28. A person having a mortgage, attachment or other lien on the share of a co-tenant shall be concluded by the decree, so far as it relates to the partition and the assignment of the shares; but his lien shall remain in full force upon the part assigned to or left for such co-tenant, or, in the event of a sale, upon the share of such part owner in the proceeds, and may be enforced in the manner provided in section nineteen.
MA Gen L ch 241 § 29 (2021)
2021 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 29 - Improvements Made by Person Evicted; Compensation

Section 29. A person holding land under a partition made under this chapter shall, in case of an eviction, be entitled to compensation for improvements made thereon, as provided in chapter two hundred and thirty-seven.
MA Gen L ch 241 § 30 (2021)
2021 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 30 - Trusteeship, etc.; Effect on Partition

Section 30. The fact that a cotenant is, alone or jointly with others, as trustee or in any other representative capacity, the holder of the legal title to a share in which he has no beneficial interest shall not prevent partition.
MA Gen L ch 241 § 31 (2021)
2021 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 31 - Partition by Sale

Section 31. In partition proceedings the court may order the commissioners to sell and convey the whole or any part of the land which cannot be divided advantageously, upon such terms and conditions and with such securities for the proceeds of the sale as the court may order, and to distribute the proceeds so as to make the partition just and equal. The sale shall be made by public auction, after like notice as is required for the sale of land by an administrator, and the evidence thereof may be perpetuated in like manner by returns filed with the court in which the proceedings are had; or the sale may be a private sale, upon the terms as the court orders, if it finds after notice, as provided in section 8, and a hearing, or after receiving the written assent of all parties in interest, that the interests of all parties will be promoted thereby. If the sale is by auction, section nineteen of chapter two hundred and four shall apply thereto.
MA Gen L ch 241 § 32 (2021)
2021 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 32 - Liability of Commissioners; Partition by Sale

Section 32. If the commissioners, after making a sale in accordance with the preceding section, distribute the proceeds in accordance with the order or decree of the court before learning of any conveyance, mortgage, lien or other encumbrance of or upon the share of any of the joint owners, they shall not be liable to such claimant. If they are in doubt as to the existence or the validity of any such claim against the share of any co-tenant in the proceeds they may ask for instructions by the court.
MA Gen L ch 241 § 33 (2021)
2021 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 33 - Attachments or Liens; Failure to Disclose; Penalties

Section 33. Whoever receives any proceeds of a sale of land under this chapter after having sold or mortgaged his interest therein, or with knowledge that it has been attached or liened, without disclosing such fact to the commissioners or the court, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year.