reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 31 - Valuation Without Considering Improvements

Section 31. If the defendant counterclaims for improvements as before provided the plaintiff may, by motion, require the value of his estate in the land demanded, without the improvements, to be determined as provided for the assessment of rents, profits and improvements. Such value shall be the value which, at the time of assessment, the land would have had if the improvements had not been made by the defendant or a person under whom he claims.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 32 - Relinquishment of Estate; Recording Election

Section 32. After said determination of value the plaintiff may, at the sitting at which judgment is entered for him, enter upon the record his election to relinquish his estate in the land to the defendant at said value; and upon his motion for further time in which to make such election the land court may postpone the entry of judgment without further costs for him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 33 - Relinquishment of Estate; Effect; Payments by Defendant

Section 33. If the plaintiff elects to relinquish the land as before provided, the defendant shall thenceforth hold all the estate which the plaintiff had therein at the commencement of the action, if he pays said value thereof in three equal instalments on or before the expiration of one, two and three years, respectively, from the time when said election was entered on the record, with interest therefrom on the amount unpaid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 34 - Nonpayment by Defendant; Effect

Section 34. Said payments shall be made to the plaintiff or for his use to the recorder of the land court; and if the defendant fails to make any such payment within the time limited therefor, the plaintiff may, within three months after default of payment, take out his writ of seisin on the judgment recovered, and shall take and hold the land without allowance for any improvements made thereon.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 35 - Failure of Title to Relinquished Land; Remedies; Notice

Section 35. If the defendant or his heirs or assigns, after the land is so relinquished to him, are evicted therefrom by force of a better title than that of the original plaintiff, the person so evicted may recover in a civil action from such plaintiff, or from his executors, administrators, heirs or devisees under chapter one hundred and ninety-seven, the amount so paid for the land, with lawful interest thereon; but in order to be so entitled to recover, the defendant or those holding under him shall give notice to the person so liable to refund the purchase money of the pendency of the action for the recovery of the land, so that he may offer evidence tending to prove that the original plaintiff had the better title.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 36 - Effect on Mode of Payment

Section 36. If, after judgment for the plaintiff, either party dies before the writ of seisin is executed, or before the case is otherwise settled under this chapter, any money payable by the plaintiff or defendant, respectively, may be paid by him or his executor or administrator, or by a person entitled to the estate under him, to the defendant or plaintiff, respectively, or his executor or administrator.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 37 - Writ of Seisin

Section 37. The writ of seisin issued in such case shall be in the name of the original plaintiff against the original defendant, although either or both of them are dead, and when executed it shall enure to the benefit of the plaintiff or of the person entitled to the land under him, as if it had been executed on the day when the judgment was rendered.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 38 - Recovery by Life Tenant From Remainderman, Etc.

Section 38. If a plaintiff claiming an estate for life only satisfies a judgment upon the defendant's counterclaim for improvements, he or his executor or administrator shall, at the determination of his estate, be paid by the remainderman or reversioner the value of the improvements as they then exist, shall have a lien on the land for said value as if it had been mortgaged for the payment of such value, and may keep possession of the land until such payment is made.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 39 - Amount Due From Remainderman; Determination

Section 39. If the amount due from the remainderman or reversioner is not agreed on by the parties, it may be determined in a civil action brought by the remainderman or reversioner; and the proceedings shall be the same as in a suit for the redemption of a mortgage.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 40 - Limitation on Amount Recoverable

Section 40. The remainderman or reversioner, or those claiming under him, shall not recover from the adverse party the excess, if any, of rents and profits accruing after the determination of the estate for life, over the amount due for the improvements.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 41 - Time for Bringing Action; Limitation

Section 41. The remainderman or reversioner, or those claiming under him, shall be deemed disseized at the determination of the life estate, and the civil action under section thirty-nine and all other remedies by action or entry for the recovery of the land shall be barred as in other cases of disseisin, and the limitation of three years provided for the redemption of a mortgage shall not apply.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 42 - Recording Execution for Possession and Return

Section 42. An officer serving an execution issued upon a judgment for possession shall, within three months after the service, and before the return of the execution into the recorder's office, cause such execution with his return thereon to be recorded in the registry of deeds for the county or district where the land affected thereby lies, and the expense thereof shall be added to his charge for service.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 43 - Actions for Mesne Profits or Damage to Land

Section 43. This chapter shall not prevent the plaintiff from maintaining an action for mesne profits, or for damage done to the land, against any person, except the defendant in the action to regain seisin.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 237 - Writs of Entry › Section 44 - Actions by Mortgagees

Section 44. The provisions of this chapter relative to rents and profits to be recovered, an allowance for improvements made on the land demanded and the value of the land without the improvements shall not apply to an action brought by a mortgagee, his heirs or assigns, against a mortgagor, his heirs or assigns, for the recovery of the land mortgaged.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 1 - Persons Entitled to Summary Process

Section 1. If a forcible entry into land or tenements has been made, if a peaceable entry has been made and the possession is unlawfully held by force, if the lessee of land or tenements or a person holding under him holds possession without right after the determination of a lease by its own limitation or by notice to quit or otherwise, or if a mortgage of land has been foreclosed by a sale under a power therein contained or otherwise, or if a person has acquired title to land or tenements by purchase, and the seller or any person holding under him refuses to surrender possession thereof to the buyer, or if a tax title has been foreclosed by decree of the land court, or if a purchaser, under a written agreement to purchase, is in possession of land or tenements beyond the date of the agreement without taking title to said land as called for by said agreement, the person entitled to the land or tenements may recover possession thereof under this chapter. A person in whose favor the land court has entered a decree for confirmation and registration of his title to land may in like manner recover possession thereof, except where the person in possession or any person under whom he claims has erected buildings or improvements on the land, and the land has been actually held and possessed by him or those under whom he claims for six years next before the date of said decree or was held at the date of said decree under a title which he had reason to believe good.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 1a - Land or Tenements Used for Residential Purposes; Action by Lessor Under This Chapter to Recover Possession; Conditions and Restrictions

Section 1A. A lessor of land or tenements used for residential purposes may bring an action under this chapter to recover possession thereof before the determination of the lease by its own limitation, subject to the following conditions and restrictions. The tenancy of the premises at issue shall have been created for at least six months duration by a written lease in which a specific termination date is designated, a copy of which, signed by all parties, shall be annexed to the summons. No such action may be initiated before the latest date permitted by the lease for either party to notify the other of his intention to renew or extend the rental agreement, or in any case before thirty days before the designated termination date of the tenancy. The person bringing the action shall notify all defendants by registered mail that he has done so, which notification shall be mailed not later than twenty-four hours after the action is initiated. The person bringing the action shall demonstrate substantial grounds upon which the court could reasonably conclude that the defendant is likely to continue in possession of the premises at issue without right after the designated termination date, which grounds shall be set forth in the writ. No execution for possession may issue in any such action before the day next following the designated termination date of the tenancy. Any action brought pursuant to this section shall conform to and be governed by the provisions of this chapter in all other respects and no remedy or procedure otherwise available to any party, including any stay of execution which the court has discretion to allow, shall be denied solely because the action was brought pursuant to this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 2 - Jurisdiction; Venue; Form of Writ

Section 2. Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or such other amount as is ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control. Such person may bring an action in the district court in the judicial district in which the land lies.
Such person may bring the action by a writ in the form of an original summons to the defendant to answer to the claim of the plaintiff that the defendant is in possession of the land or tenements in question, describing them, which he holds unlawfully against the right of the plaintiff, and, if rent and use and occupation is claimed, that the defendant owed rent and use and occupation in the amount stated; but, subject to the approval of the supreme judicial court, the judge of the housing court of the city of Boston shall determine the form of the writ in the actions brought in his court. Failure to claim rent and use and occupation in the action shall not bar a subsequent action therefor.
The defendant named in a summary process summons and complaint shall not include any minors, and any such minors' names so included shall be expunged from any court record and electronic docket entry.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 6 - Condition of Bond in Action for Possession After Foreclosure of Mortgage; After Purchase

Section 6. If the action is for the possession of land after foreclosure of a mortgage thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day when the mortgage was foreclosed until possession of the land is obtained by the plaintiff. If the action is for possession of land after purchase, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day that the purchaser obtained title to the premises until the delivery of possession thereof to him, together with all damage and loss which he may sustain by withholding of possession of the land or tenement demanded, and by any injury done thereto during such withholding with all costs. Upon final judgment for the plaintiff, all money then due to him may be recovered in an action on the bond.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 6a - Condition of Bond After Foreclosure of Tax Title

Section 6A. If the action is for the possession of land after foreclosure of a tax title thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day when the tax title was foreclosed until possession of the land is obtained by the plaintiff, and of all damage and loss which he may sustain by the withholding of possession of the land or tenements demanded and by any injury done thereto during such withholding.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 7 - Judgments; Effect

Section 7. The judgment in an action under this chapter shall not be a bar to any action thereafter brought by either party to recover the land or tenements in question, or to recover damages for any trespass thereon; but the amount recovered for rent under section five shall be deducted in any assessment of damages in such subsequent action by the original plaintiff.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 8 - Three Years Quiet Possession; Effect

Section 8. There shall be no recovery under this chapter of any land or tenements of which the defendant, his ancestors or those under whom he holds the land or tenements have been in quiet possession for three years next before the commencement of the action unless the defendant's estate therein is ended.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 9 - Stay of Proceedings

Section 9. In an action of summary process to recover possession of premises occupied for dwelling purposes, other than a room in a hotel, or a dwelling unit in a lodging house or rooming house wherein the occupant has maintained such occupancy for less than three consecutive months, where a tenancy has been terminated without fault of the tenant, either by operation of law or by act of the landlord, except by a notice to quit for nonpayment of rent as provided in section twelve of chapter one hundred and eighty-six, a stay or stays of judgment and execution may be granted, as hereinafter provided, for a period not exceeding six months or for periods not exceeding six months in the aggregate, or, for a period not exceeding twelve months or for periods not exceeding twelve months in the aggregate in the case of premises occupied by a handicapped person or an individual sixty years of age or older, as the court may deem just and reasonable, upon application of the tenant or the surviving spouse, parent or child of a deceased tenant if such spouse, parent or child occupied said premises for dwelling purposes at the time when said tenancy was terminated and such occupancy was not in violation of the terms of the tenancy; provided, however, that a stay or stays of judgment and execution in the case of premises occupied by an employee of a farmer conditioned upon his employment by such farmer and which employment has been legally terminated shall not be granted for a period exceeding two months or for periods exceeding two months in the aggregate. For the purpose of this section, the words ''handicapped person'' shall mean a person who:
(a) has a physical or mental impairment which substantially limits such person's ability to care for himself, perform manual tasks, walk, see, hear, speak, breathe, learn or work; or
(b) has a physical or mental impairment which significantly limits the housing appropriate for such person or which significantly limits such person's ability to seek new housing; or
(c) would be eligible for housing for handicapped persons under the provisions of chapter one hundred and twenty-one B.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 10 - Stay of Proceedings; Hearings

Section 10. Upon application for such a stay of proceedings, the court shall hear the parties, and if upon the hearing it appears that the premises of which possession is sought to be recovered are used for dwelling purposes; that the applicant cannot secure suitable premises for himself and his family elsewhere within the city or town in a neighborhood similar to that in which the premises occupied by him are situated; that he has used due and reasonable effort to secure such other premises; that his application is made in good faith and that he will abide by and comply with such terms and provisions as the court may prescribe; or that by reason of other facts such action will be warranted, the court may grant a stay as provided in the preceding section, on condition that the terms upon which such stay is granted be complied with.
In any action to recover possession of premises occupied for dwelling purposes brought pursuant to this chapter in which a stay or stays of execution have been granted, by the court or by agreement of the parties, or in any such action where there is an agreement for judgment that grants the tenant a right to reinstate the tenancy, no execution shall issue prior to the expiration of the period of such stay or stays or such reinstatement period unless the plaintiff shall first bring a motion for the issuance of the execution and the court after a hearing shall determine that the tenant or occupant is in substantial violation of a material term or condition of the stay or a material term of the agreement for judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 11 - Stay of Proceedings; Deposit of Applicant

Section 11. Such stay shall be granted and continue effective only upon the condition that the applicant shall make a deposit in court of the entire amount, or such instalments thereof from time to time, as the court may direct, for the occupation of the premises for the period of the stay, at the rate to which he was liable as rent for the month immediately prior to the expiration of his term or tenancy plus such additional amount, if any, as the court may determine to be reasonable. The deposit shall also include all rent unpaid prior to the period of the stay. The amount of the deposit shall be determined by the court at the hearing upon the application for the stay, and such determination shall be final and conclusive in respect only to the amount of the deposit, and the amount thereof shall be paid into court, in such manner and in such instalments, if any, as the court may direct. A separate account shall be kept of the amount to the credit of each proceeding, and all such payments shall be deposited by the clerk of the court, and paid over to the landlord or his duly authorized agent, in accordance with the terms of the stay or the further order of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 12 - Stay of Proceedings; Validity of Waiver in Lease

Section 12. Any provision of a lease whereby a lessee or tenant waives the benefits of any provision of sections nine to thirteen, inclusive, shall be deemed to be against public policy and void.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 13 - Stay of Proceedings; Costs

Section 13. Costs recoverable under section three shall, in actions to which sections nine to eleven, inclusive, apply, include only legal costs covering actual disbursements and shall not include fictitious costs, so-called.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 239 - Summary Process for Possession of Land › Section 14 - Inspection of Property for Presence of Abandoned Animals

Section 14. Not more than 3 days after a property owner or a lessor knew or should have known that a property has been vacated as a result of summary process, the property owner, lessor or a designee shall inspect the property for the presence of abandoned animals.
If the property owner, lessor or a designee encounters an abandoned animal under this section or section 4, the property owner, lessor or a designee shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.
The property owner, lessor or designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.
For the purposes of this section, an animal shall be considered abandoned if it is found on or in a property vacated as a result of summary process.
If the property owner, lessor or a designee fails to comply with this section, the lessor or property owner shall be subject to a civil penalty of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Funds collected under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 1 - Petition to Compel Adverse Claimant to Try Title

Section 1. If the record title of land is clouded by an adverse claim, or by the possibility thereof, a person in possession of such land claiming an estate of freehold therein or an unexpired term of not less than ten years, and a person who by force of the covenants in a deed or otherwise may be liable in damages, if such claim should be sustained, may file a petition in the land court stating his interest, describing the land, the claims and the possible adverse claimants so far as known to him, and praying that such claimants may be summoned to show cause why they should not bring an action to try such claim. If no better description can be given, they may be described generally, as the heirs of A B or the like. Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title, or persons having separate and distinct interests in the same parcel or parcels, may join in a petition against the same supposed claimants. If the supposed claimants are residents of the commonwealth, the petition may be inserted like a declaration in a writ, and served by a copy, like a writ of original summons. Whoever is in the enjoyment of an easement shall be held to be in possession of land within the meaning of this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 2 - Proceedings Upon Petition

Section 2. If the petition is not so served, the court shall order notice thereof by publication to the supposed claimants, whether residents or non-residents of the commonwealth. Such notice shall bind all the world, but the court may also require personal or other notice, and if, upon return of the order of notice duly executed, the parties notified do not appear within the time limited or, having appeared, disobey the lawful order of the court to try their claim, the court shall enter a decree that they be forever barred from having or enforcing any such claim adversely to the petitioner, his heirs or assigns, in the land described, and may require them to execute, within such time as the court orders, a conveyance, release or acquittance duly relinquishing the same. A judgment or decree under this section may require the giving of a bond to respond to any action brought under section four within five years after the entry of such judgment or decree.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 3 - Proceedings Upon Appearance

Section 3. If the persons notified or summoned appear and disclaim all right and title adverse to the petitioner, they shall recover costs. If they claim title, they shall by answer show why they should not be required to bring an action to try such title, and the court shall enter an appropriate decree relative to bringing and prosecuting such action. If the party or parties against whom a judgment or decree for a conveyance, release or acquittance may be rendered by any court in the commonwealth do not comply therewith, within the time therein limited, such judgment or decree shall, subject to the following section, have the same effect as if the conveyance, release or acquittance had been executed conformably thereto.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 4 - Parties Without Actual Notice; Remedies

Section 4. A party against whom, without other notice than publication in a newspaper, a judgment or decree has been rendered under section two and whose right is barred thereby, may recover from the person in whose favor such judgment or decree was entered, or from his executors, administrators, heirs or devisees, in accordance with chapter one hundred and ninety-seven, the value at the time action is brought of any interest or right, except of improvements made by the defendants, of which he may have been deprived by such judgment or decree, unless at that time an action which, but for such judgment or decree, he might have maintained for the recovery of such interest or the enforcement of such right would have been barred by the statute of limitations.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 6 - Actions in Supreme Judicial, Superior or Land Courts

Section 6. If, in a civil action in the supreme judicial or the superior court, or in the land court, to quiet or establish the title to land situated in the commonwealth or to remove a cloud from the title thereto, it is sought to determine the claims or rights of persons unascertained, not in being, unknown or out of the commonwealth, or who cannot be actually served with process and made personally amenable to the judgment of the court, such persons may be made defendants and, if they are unascertained, not in being or unknown, may be described generally, as the heirs or legal representatives of AB, or such persons as shall become heirs, devisees or appointees of CD, a living person, or persons claiming under AB. It shall be unnecessary for the maintenance of such action that the defendants shall have a claim or the possibility of a claim resting upon an instrument the cancellation or surrender of which would afford the relief desired; but it shall be sufficient that they claim or may claim by purchase, descent or otherwise, some right, title, interest or estate in the land which is the subject of the action and that their claim depends upon the construction of a written instrument or cannot be met by the plaintiffs without the production of evidence. Two or more persons claiming to own separate and distinct parcels of land in the same county by titles derived from a common source, or two or more persons having separate and distinct interests in the same parcel, may join as plaintiffs in any action brought under this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 7 - Notice

Section 7. If in such action the court finds that actual service cannot be, or has not been, made upon a defendant, it may at the request of the plaintiff order notice of the action to be posted in a conspicuous place on the land or to be published in a newspaper within or without the commonwealth, or both, or to be given in such other manner as it considers most effectual, and may also require personal notice to be given. Notice given under this section shall be constructive service on all the defendants.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 8 - Guardian Ad Litem

Section 8. If, after notice has been given or served as provided in the preceding section and the time limited in such notice for the appearance of the defendants has expired, the court finds that there are or may be defendants not actually served with process within the commonwealth who have not appeared in the action, it may of its own motion, or on the representation of any party, appoint a guardian ad litem or next friend of any such defendant, and if any such defendants have or may have conflicting interests, it may appoint different guardians ad litem or next friends to represent them.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 9 - Guardians Ad Litem; Compensation and Expenses

Section 9. The cost of appearance of any such guardian ad litem or next friend, including compensation of his counsel, shall be determined by the court and paid by the plaintiff, against whom execution may issue therefor in favor of the guardian ad litem or next friend.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 10 - Proceeding in Rem; Effect of Judgment

Section 10. After all the defendants have been served with process or notified as provided in section seven and after the appointment of a guardian ad litem or next friend, if such appointment has been made, the court may proceed as though all defendants had been actually served with process. Such action shall be a proceeding in rem against the land, and a judgment establishing or declaring the validity, nature or extent of the plaintiff's title may be entered, and shall operate directly on the land and have the force of a release made by or on behalf of all defendants of all claims inconsistent with the title established or declared thereby. This and the four preceding sections shall not prevent the court from also exercising jurisdiction in personam against defendants actually served with process who are personally amenable to its judgments.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 10a - Restrictions on Land; Determination; Jurisdiction; Petition

Section 10A. The superior court and the land court shall have concurrent jurisdiction of a civil action by any person or persons claiming an estate of freehold, or an unexpired term of not less than ten years, in land subject to a restriction described in section twenty-six of chapter one hundred and eighty-four, to determine and declare whether and in what manner and to what extent and for the benefit of what land the restriction is then enforceable, whether or not a violation has occurred or is threatened. The complaint shall state the names and addresses, so far as known to the plaintiff or plaintiffs, of the owners of the subject parcels as to which the determination is sought, of the owners of any benefited land and of any persons benefited other than persons interested in benefited land. There shall be filed therewith (1) a certified copy of the instrument or instruments imposing the restriction, or of a representative instrument if there are many and the complaint includes a summary of the remainder, and (2) a plan or sketch showing the approximate locations of the parcels as to which the determination is sought, and the other parcel or parcels, if any, which may have the benefit of the restriction, and the ways, public or open to public use, upon which the respective parcels abut or nearest thereto, and the street numbers, if any, of such parcels.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 10b - Notice of Proceedings; Parties

Section 10B. The court shall, after consideration of the complaint, instrument or instruments and plan or sketch, and such further documents or evidence as it may require, prescribe the form of notice to be given, the persons to be named or described therein, the manner of service of the notice, and the proof to be required of such service. The court may (1) permit service by registered mail on any person, (2) permit names and addresses of owners to be given from the last assessments for local taxation and record search for subsequent changes, (3) require notice to be published in a newspaper or posted on the subject land or both, (4) name as representative of all persons entitled to enforce the restriction, if it benefits more than four parcels, the owners of the benefited land abutting the subject parcel or parcels and of such additional benefited land in or facing the same block or blocks or in the same vicinity as it deems appropriate, describing the remaining persons generally as the owners of certain identified land and permitting service upon them by publication only, (5) order other or additional notice at any time as it deems most effectual, and (6) if it finds that there are persons benefited but not actually served and for whom others served are not sufficiently representative, appoint a disinterested person to represent them and order costs thereof paid by the plaintiff or plaintiffs. Any person entitled to enforce the restriction, whether or not named or described in the notice, may become a party to the proceeding by filing answer within the time specified by the notice or by the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 10c - Determination of Restrictions; Manner

Section 10C. Any determination or declaration that the restriction is or is not enforceable, or is enforceable only in a certain manner or to a certain extent or for the benefit of certain land shall be in rem and operate directly upon the subject land, and be binding upon all persons entitled to enforce the restriction thereon. If the court determines that the restriction is enforceable only by award of money damages it shall, whether or not a violation has occurred, make such award according to general rules of equity, and upon payment thereof determine that the land is free of the restriction.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 11 - Petition in Land Court to Determine Encumbrances

Section 11. If the title to land appears of record to be affected by a possible condition, restriction, reservation, stipulation or agreement made or imposed more than thirty years prior to the commencement of the proceedings hereinafter provided for, a person having a freehold estate, vested or contingent, in possession, reversion or remainder, in said land, or in any undivided or any aliquot part thereof, or any interest therein which may become a freehold estate, and any person who has conveyed such estate or any such interest therein with covenants of title or warranty, may file a petition on oath in the land court to determine the validity, or define the nature and extent, of such possible condition or other encumbrance, against any person who might be entitled in any event to enforce it or avail himself thereof. Two or more persons owning in severalty different portions of such estate or different interests therein may join in such petition, or two or more such defects of the same general character in the title to the same parcel of land or to different portions of the same parcel of land may be set forth in the same petition, and if the petition is contested the court shall make an appropriate order for separate issues.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 12 - Unknown, etc., Respondents; Describing; Amending Petition

Section 12. If it is averred in the petition that there are necessary or proper respondents whose names are unknown to the petitioner, they may be described generally, as heirs or devisees of a person deceased, as persons claiming under certain persons named, as the owners of certain land, or otherwise, and if it is so averred that the true name of a respondent cannot be ascertained, he shall be described as accurately as practicable. If it is so averred that there are classes of necessary or proper respondents whom it is impracticable and unnecessary to name and to serve with process individually, they may be described generally. The court may, if in its opinion the petitioner can and should do so, require him by amendment to name or describe respondents more particularly.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 13 - Respondents Upon Whom Service Cannot Be Made; Notice; Appointing Agents

Section 13. The court shall prescribe the notice to be given to non-resident respondents, to respondents whose residences are unknown, to unknown or unnamed respondents, and to any other respondents upon whom for any reason service cannot be made. If the court finds that there are respondents to be affected by the decree, who have not had actual notice of the petition, it shall appoint a disinterested person to act for them.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 14 - Jurisdiction; Hearings; Decrees; Costs

Section 14. Upon service of such notice, the court shall have jurisdiction of all persons made respondents to the petition in the manner above provided, and shall, upon a hearing, make a decree determining the validity, nature or extent of any such possible condition or other encumbrance, which shall be effectual to exclude all the respondents from any claim thereunder contrary to such determination, and shall have the same effect as a release by such respondents of such claims. The court may award costs in its discretion.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 14a - Municipal Zoning Ordinances, etc.; Petition for Judicial Determination of Validity

Section 14A. The owner of a freehold estate in possession in land may bring a petition in the land court against a city or town wherein such land is situated, which shall not be open to objection on the ground that a mere judgment, order or decree is sought, for determination as to the validity of a municipal ordinance, by-law or regulation, passed or adopted under the provisions of chapter forty A or under any special law relating to zoning, so called, which purports to restrict or limit the present or future use, enjoyment, improvement or development of such land, or any part thereof, or of present or future structures thereon, including alterations or repairs, or for determination of the extent to which any such municipal ordinance, by-law or regulation affects a proposed use, enjoyment, improvement or development of such land by the erection, alteration or repair of structures thereon or otherwise as set forth in such petition. The right to file and prosecute such a petition shall not be affected by the fact that no permit or license to erect structures or to alter, improve or repair existing structures on such land has been applied for, nor by the fact that no architects' plans or drawings for such erection, alteration, improvement or repair have been prepared. The court may make binding determinations of right interpreting such ordinances, by-laws or regulations whether any consequential judgment or relief is or could be claimed or not.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 240 - Proceedings for Settlement of Title to Land › Section 16 - Jurisdiction of Land Court; Determining Enforceability of Restrictions

Section 16. The land court shall have jurisdiction upon a petition to register land, or if land has been previously registered, upon a supplemental petition by the owner thereof, to hear and determine the question whether or not equitable restrictions arising under contracts, deeds or other instruments limiting or restraining the use or the manner of using land are enforceable in whole or in part.