reglab/statecodes huggingface dataset:
2023 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 64 - Procedure to Convey Fee

Section 64. An owner desiring to convey his registered land or any portion thereof in fee shall execute a deed of conveyance, which the grantor or grantee may present to the assistant recorder in the district where the land lies. The assistant recorder shall thereupon, in accordance with the rules and instructions of the court, make out in the registration book a new certificate of title to the grantee. The assistant recorder shall note upon the new certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The last preceding certificate and any owner's duplicate certificate which is surrendered by the grantor, shall be stamped ''canceled''. The deed of conveyance shall be filed and endorsed with the number and place of registration of the new certificate of title of the land conveyed.
2023 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 65 - Procedure to Convey Part of Land Described on Certificate

Section 65. If a deed in fee is for a part only of the land described in a certificate of title, the assistant recorder shall also, in accordance with the rules and instructions of the court, enter a new certificate for the part of the land not included in the deed. In every case of transfer, the new certificate or certificates shall include all the land described in the old certificate; but no new certificate to a grantee of a part only of the land shall be invalid by reason of the failure of the assistant recorder to enter a new certificate to the grantor for the remaining unconveyed portion. If the land described in a certificate of title is divided into lots, designated by numbers or letters, with measurements of all the bonds, and a plan of said land has been filed with the recorder and verified pursuant to section fifty-one, and a certified copy thereof is recorded in the registration book with the original certificate when the registered owner makes a deed of transfer in fee of one or more of such lots, the assistant recorder may, instead of canceling such certificate and entering a new certificate to the grantor for the part of the land not included in the deed of transfer, enter on the original certificate a memorandum of such deed of transfer, with a reference to the lot or lots thereby conveyed, as designated on said plan, and stating that the certificate is canceled as to such lot or lots. Every certificate with such memorandum shall be as effectual for the purpose of showing the grantor's title to the remainder of the land not conveyed as if the old certificate had been canceled and a new certificate of such land entered; and such process may be repeated so long as there is convenient space upon the original certificate for making such memorandum of sale of lots.
2023 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 66 - Statement of Encumbrances or Claims on New Certificate

Section 66. If, at the time of any transfer, encumbrances or claims adverse to the title of the registered owner appear upon the registration book, they shall be stated in the new certificate or certificates, except so far as they may be simultaneously released or discharged.
2023 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 67 - Authority to Mortgage

Section 67. The owner of registered land may mortgage it by executing a mortgage deed. Such deed may be assigned, extended, discharged, released in whole or in part, or otherwise dealt with by the mortgagee by any form of deed or instrument sufficient in law for the purpose. But such mortgage deed, and all instruments which assign, extend, discharge and otherwise deal with the mortgage, shall be registered, and shall take effect upon the title only from the time of registration.
2023 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 68 - Registration of Mortgage

Section 68. Registration of a mortgage shall be made in the following manner: the assistant recorder shall enter upon the certificate of title a memorandum of the purport of the mortgage deed, the time of filing and the file number of the deed, and shall sign the memorandum. He shall also note upon the mortgage deed the time of filing and a reference to the volume and page of the registration book in which it is registered.
2023 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 69 - Discharge of Mortgage

Section 69. A mortgage on registered land may be discharged by the mortgagee in person on the registration book in the same manner as a mortgage on unregistered land may be discharged by an entry on the record book in the registry of deeds, and such discharge shall be attested by an assistant recorder.
2023 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 70 - Foreclosure

Section 70. Mortgages of registered land may be foreclosed in the same manner as mortgages of unregistered land; but in case of foreclosure by entry and possession, the certificate of entry required by section two of chapter two hundred and forty-four shall be filed and registered by an assistant recorder in lieu of recording. After possession has been obtained by the mortgagee or his assigns, by entry or by action, and has continued for the time required by law to complete the foreclosure, he or his assigns may request the land court for the entry of a new certificate, and the court, after notice to all parties in interest, shall have jurisdiction to hear the case, and may order the entry of a new certificate on such terms as equity and justice may require.
In case of foreclosure by action as provided in chapter two hundred and forty-four, and by exercising the power of sale in the mortgage under the direction of the court as provided therein, a certified copy of the final judgment confirming the sale may, after the time for appeal therefrom has expired, be filed with the assistant recorder, and the purchaser shall thereupon be entitled to the entry of a new certificate.
In case of foreclosure by exercising the power of sale without a previous judgement of court, the affidavit required by section fifteen of chapter two hundred and forty-four shall be filed and registered with the assistant recorder, in lieu of recording. The purchaser at the foreclosure sale or his assigns may thereupon at any time present the deed under the power of sale to the assistant recorder for filing and registration, and obtain a new certificate; but this chapter shall not prevent the mortgagor or other person in interest, prior to the entry of a new certificate of title, from directly impeaching, by bill in equity or otherwise, any foreclosure proceedings affecting registered land.
After a new certificate of title has been entered, no judgment recovered on the mortgage note for any balance due thereon shall operate to open the foreclosure or affect the title to registered land.
2023 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 71 - Registration of Leases or Notices of Leases

Section 71. Leases, or notices of leases as defined in section four of chapter one hundred and eighty-three, of registered land for more than seven years from the making thereof shall be registered in lieu of recording.
2023 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 72 - Trusts in Registered Land

Section 72. If a deed or other instrument is filed in order to transfer registered land in trust, or upon any equitable condition or limitation expressed therein, or to create or declare a trust or other equitable interest in such land without transfer, the particulars of the trust, condition, limitation or other equitable interest shall not be entered on the certificate; but a memorandum thereof shall be entered by the words ''in trust'', or ''upon condition'', or other apt words, and by a reference by number to the instrument authorizing or creating the same. The assistant recorder shall note upon the original instrument creating or declaring the trust or other equitable interest a reference by number to the certificate of title to which it relates, and to the volume and page in the registration book in which it is registered. If the instrument creating or declaring a trust or other equitable interest is already recorded in the registry of deeds or of probate, a certified copy may be filed by the assistant recorder and registered.
2023 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 73 - Trusts With Powers of Sale, Mortgage, Etc.

Section 73. If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage or deal with the land in any manner, such power shall be stated in the certificate of title by the words ''with power to sell'', or ''power to mortgage'', and by apt words of description in case of other powers. No instrument which transfers, mortgages or in any way deals with registered land held in trust shall be registered, unless the power thereto enabling is expressly conferred in the trust instrument, or unless the decree of a court of competent jurisdiction on a bill for instructions or other proceeding has construed the instrument in favor of the power. In such case a certified copy of such decree may be filed with the assistant recorder, and he shall make registration in accordance therewith.
2023 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 74 - Appointment of New Trustee; Proceedings

Section 74. If a new trustee of registered land is appointed by the supreme judicial court, the superior court or the probate court, a new certificate shall be entered to him upon presentation to the assistant recorder of a certified copy of the decree.
2023 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 75 - Implied or Constructive Trusts; Filing of Statement

Section 75. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the assistant recorder a statement thereof containing a description of the land, and a reference to the number of the certificate of title and the volume and page of the registration book in which it is entered. Such claim shall not affect the title of a purchaser for value and in good faith before its registration.
2023 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 77 - Burdens and Incidents Attaching by Law

Section 77. Registered land, and ownership therein, shall in all respects be subject to the burdens and incidents attaching by law to unregistered land. This chapter shall not relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, or from liability to attachment on mesne process or levy on execution, or from liability to any lien of any description established by law on land and the buildings thereon, or on the interest of the owner in such land or buildings, nor shall it change the laws of descent, or the rights of partition between co-tenants, or the right to take the same by eminent domain, or relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences, or change or affect in any way any other rights or liabilities created by law and applicable to unregistered land, except as otherwise expressly provided in this chapter.
2023 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 78 - Filing and Registration of Attachments or Liens

Section 78. A writing of any description or a copy of any writ required by law to be filed or recorded in the registry of deeds in order to create or preserve any lien, right or attachment upon unregistered land, if intended to affect registered land shall, except in the case of notices, releases and discharges of child support liens pursuant to chapter one hundred and nineteen A, federal tax liens and other federal liens which may be filed in the commonwealth, in lieu of recording, be filed and registered in the office of the assistant recorder for the registry district where the land lies, and, in addition to any particulars required in such papers for recording with records of deeds, shall also contain a reference to the number of the certificate of title of the land to be affected, and the volume and page of the registration book in which the certificate is registered, and also, if the attachment, right or lien is not claimed on all the land in any certificate of title, shall contain a description sufficiently accurate for identification of the land intended to be affected.
2023 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 80 - Filing of Instruments Evidencing Continuation, Reduction, Discharge or Dissolution

Section 80. Attachments on mesne process and liens of every description upon registered land shall be continued, reduced, discharged and dissolved by any methods sufficient in law to continue, reduce, discharge or dissolve like liens on unregistered land. All certificates or other instruments permitted or required by law to be recorded in the registry of deeds to give effect to the continuance, reduction, discharge or dissolution of attachments or other liens upon unregistered land, or to give notice of such continuance, reduction, discharge or dissolution, shall, in the case of like liens upon registered land, except releases and discharges of liens for child support liens pursuant to chapter one hundred and nineteen A and federal taxes and other federal liens which may be filed in the commonwealth be filed with the assistant recorder and registered in the registration book, in lieu of recording.
2023 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 81 - Applicability of Laws Relating to Attachment on Mesne Process

Section 81. All laws relative to attachments of real estate and leasehold estates on mesne process shall apply to registered land, except that the duties required to be performed by the register of deeds shall be performed by the assistant recorder for the registry district where the land lies, who, in lieu of recording, shall register the facts required to be recorded, and for that purpose shall keep books similar to those required to be kept for attachments by registers of deeds, and the fees for registering attachments shall be the same as for recording them.
2023 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 82 - Endorsement of Plaintiff's Attorney Upon Writ

Section 82. If an attachment is made, the name and address of the plaintiff's attorney shall be endorsed upon the writ, and he shall be deemed to be the attorney of the plaintiff until written notice that he has ceased to be such shall have been filed for registration by the plaintiff.
2023 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 83 - Registration of Order Continuing, Reducing or Dissolving Attachment on Mesne Process

Section 83. If an attachment on mesne process is continued, reduced, dissolved or otherwise affected by an order, decision or judgment of the court where the action or proceeding in which said attachment was made is pending, or by an order of a court having jurisdiction in insolvency or bankruptcy, a certificate of the entry of such order, decision or judgment from the clerk or register and under the seal of the court, shall be entitled to be registered on presentation to the assistant recorder. A like certificate of the allowance by the court of an amendment which a subsequent attaching creditor or purchaser contends had the effect of dissolving an attachment may be registered as an amendment allowed, but shall not be conclusive of dissolution, unless the court where the action or suit is pending adjudicates that the amendment dissolved the attachment, whereupon a certificate of the order, when it becomes absolute, shall be registered as a dissolution of the attachment.
2023 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 84 - Enforcement of Liens

Section 84. Any lien on registered land shall be enforced in the same manner as a like lien on unregistered land. If registered land is set off or sold on execution, or taken or sold for taxes or for any assessment, or sold to enforce a lien for labor or materials, or the lien of a mortgagee or co-tenant arising from a payment of taxes, or the lien for an assessment under chapter eighty, or for costs and charges for taking down dangerous structures under section nine of chapter one hundred and forty-three, or for erecting fences along the line of a railroad corporation under section ninety-four of chapter one hundred and sixty, or for improving low land and swamps under section eleven of chapter two hundred and fifty-two, or for flowing land under section fourteen of chapter two hundred and fifty-three, or for any costs and charges incident to such liens, any execution, or copy of the execution, any officer's return, or any deed, demand, certificate or affidavit or other instrument made in the course of proceedings to enforce such liens and required by law to be recorded in the registry of deeds in the case of unregistered land, shall be filed with the assistant recorder for the district where the land lies and registered in the registration book, and a memorandum made upon the proper certificate of title in each case as an adverse claim or encumbrance.
2023 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 85 - New Certificate to Person Claiming Under Execution

Section 85. When the time has expired for redemption after registered land has been set off or sold on execution, or taken or sold for the enforcement of a lien of any description, the person claiming under an execution or a deed or other instrument made in the course of proceedings to levy such execution or enforce any lien may petition for the entry of a new certificate to him, which may be granted. Every such new certificate shall contain a memorandum of the nature of the proceeding on which it is based. Before the entry of a new certificate, the registered owner may pursue all legal and equitable remedies to impeach or annul proceedings under executions or to enforce liens of any description.
2023 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 86 - Filing and Registration of Memorandum of Proceedings Affecting Land; Registration of Judgment or Decree

Section 86. No civil action to recover a freehold estate, suit for partition, or other proceeding affecting the title to land or the use and occupation thereof or the buildings thereon, and no judgment or decree or any proceeding to vacate or reverse any judgment or decree shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum like that described in section fifteen of chapter one hundred and eighty-four, containing also a reference to the number of the certificate of title of the land affected and the volume and page of the registration book in which it is entered, is filed and registered. This section shall not apply to attachments, levies of execution, or to the probate of wills or administration in the probate court. If notice of the pendency of the proceeding has been duly registered, it shall be sufficient to register the judgment or decree within sixty days after the rendition thereof.
2023 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 87 - Certificate of Manner of Disposal

Section 87. At any time after final judgment or decree in favor of the defendant, or other disposition in the manner specified in section sixteen of chapter one hundred and eighty-four, of any case where a memorandum has been registered as provided in the preceding section, a certificate of the clerk, stating the manner of disposal thereof, as provided in said section sixteen, shall be entitled to registration.
2023 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 88 - Registration of Judgment

Section 88. If judgment is entered for the plaintiff or demandant in a real action affecting registered land, except in ejectment, and actions under chapter two hundred and thirty-nine relative to terms of less than seven years, such judgment shall be entitled to registration on presentation of a certificate of the entry thereof from the clerk of the court where the action is pending to the assistant recorder, who shall enter a memorandum upon the certificate of title of the land to which such judgment relates. If the judgment does not apply to all the land described in the certificate of title, the certificate of the clerk and the memorandum entered by the assistant recorder shall contain a description of the land affected by the judgment.
2023 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 89 - Filing and Registration of Execution or Writ of Seisin

Section 89. If an execution or writ of seisin has been issued in an action under chapter two hundred and thirty-seven affecting registered land and served by the officer, he shall cause an attested copy of the execution, with a return of his doings thereon, to be filed and registered within three months after the service and before the return of the execution into the clerk's office, and the plaintiff, if the judgment was that he was entitled to an estate in fee simple in the demanded premises, or in any part thereof, and for which execution issued, shall thereupon be entitled to the entry of a new certificate of title; but in actions under chapter two hundred and forty-five the commonwealth shall be entitled to have the certificate of the registered owner cancelled by the land court as soon as judgment is rendered in its favor.
2023 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 90 - Registration of Certificates of Judgment in Writs of Dower and Waste

Section 90. If, in a writ of dower, judgment is entered confirming the report of the commissioners under section seven of chapter two hundred and thirty-eight, or if, in a writ of waste, judgment is entered that the plaintiff recover the place wasted, a certificate of the entry of such judgment may be registered as an encumbrance.
2023 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 91 - Registration of Decrees

Section 91. A decree of a court of competent jurisdiction affecting title or rights in registered land, whether made in the exercise of general equity jurisdiction or in the exercise of jurisdiction conferred by statute, may be registered in the same manner as a judgment at law. But every court making such a decree shall, upon application of the plaintiff or petitioner, order any parties before it to execute for registration any deed or instrument necessary to give effect to its decree. If the person required to execute any deed or other instrument for the purpose of giving effect to the decree is absent from the commonwealth, or is a minor, or insane, or for any reason is not amenable to the process of the court, it may appoint a trustee to execute such instrument, which, when executed, shall be registered and shall have full force and effect to bind the land to be affected thereby.
2023 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 92 - Filing and Registration of Judgment in Partition Proceedings or Proceedings for Assignment of Spouse's Statutory Share

Section 92. In proceedings for partition of registered land, or for the assignment in fee of registered land claimed by husband or wife by statutory right, after the entry of the final judgment and the acceptance of the report of the commissioners, a copy of the judgment and of the return of the commissioners, certified by the register, shall be filed and registered; and thereupon, if the land is set off to the owners in severalty, any owner shall be entitled to have a certificate entered of the share set off to him in severalty. If the land lies in two or more registry districts, only so much of the judgment or return need be filed and registered in any district as relates to the land in that district. If the land is ordered by the court to be sold, the purchaser or his assigns shall have a certificate of title entered to him or them upon presenting the deed of the commissioners for registration; but any new certificate entered in pursuance of partition proceedings, whether by set-off or sale, shall contain a reference to the final judgment of partition, and shall be conclusive as to the title to the same extent and against the same persons as such judgment is made conclusive by the laws applicable thereto. A person holding such certificate or a transfer thereof may move that the court at any time cancel the memorandum relative to such judgment, and the court, after notice and a hearing, may grant the motion. Such certificate shall thereafter be conclusive in the same manner and to the same extent as other certificates of title.
2023 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 93 - Registration of Prior Mortgage or Lease With Decree for Partition

Section 93. If a certified copy of a decree for partition and of the return of the commissioners is presented for registration, and if a mortgage or lease affecting a specific portion or an undivided share of the premises had previously been registered, the tenant claiming under the mortgagor or lessor shall cause the mortgage or lease to be again presented for registration, and the assistant recorder shall endorse thereon a memorandum of such partition and a description of the land set off in severalty on which such mortgage or lease remains in force.
2023 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 94 - Registration of Notices in Insolvency and Copies of Decrees in Bankruptcy

Section 94. Such notices in insolvency and copies of decrees in bankruptcy as are required in the case of unregistered land to be recorded, shall, if the debtor owns registered land, be filed with the assistant recorder and registered.
An assignee in insolvency or trustee in bankruptcy shall be entitled to the entry of a new certificate of registered land of the debtor or bankrupt upon presenting and filing a certified copy of the assignment in insolvency or decree of adjudication in bankruptcy; but the new certificate shall state that it is entered to him as assignee in insolvency or trustee in bankruptcy.
2023 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 95 - Registration of Discharge

Section 95. If proceedings in insolvency or bankruptcy against a registered owner, of which notice has been registered, are vacated by decree, or if the court of insolvency or bankruptcy grants a discharge in composition proceedings and orders a reconveyance of land to the debtor, or bankrupt, a certified copy of the decree, or of such discharge and order, may be filed and registered. If a new certificate has been entered in the name of the assignee in insolvency or trustee in bankruptcy as registered owner, the debtor or bankrupt shall be entitled to the entry of a new certificate in his name, and the certificate of the assignee or trustee shall be surrendered.
2023 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 96 - Entry of New Certificate Upon Reverter

Section 96. If land taken for a public use reverts by operation of law to the owner from whom it was taken or to his heirs or assigns, the court, upon petition of the person entitled to the benefit of the reversion, after notice and a hearing, may order the entry of a new certificate of title to him.
2023 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 97 - Entry of New Certificate Upon Descent or Devise; Notice; Hearing; Memorandum of Pendency of Settlement of Estate

Section 97. Upon the death of a registered owner, his heirs at law or devisees, after thirty days from the granting of letters testamentary or of administration, or in case of an appeal, at any time after the entry of judgment pursuant to the rescript of the supreme judicial court or appeals court, may file a certified copy of the final decree of the probate court and of the will, if any, with the assistant recorder, and make application for the entry of a new certificate. The court shall issue notice to the executor or administrator and to all other persons in interest, and may also give notice by publication in such newspaper or newspapers as it may consider proper, to all whom it may concern, and, after a hearing, may direct the entry of a new certificate or certificates to the persons entitled as heirs or devisees. Any new certificate so entered before the final settlement of the estate of the deceased owner in the probate court shall state expressly that it is entered by transfer from the last certificate by descent or devise, and that the estate is in process of settlement. After the final settlement of the estate, or after the time allowed for bringing an action against an executor or administrator by creditors of the deceased, the heirs at law or devisees may petition the court for an order to cancel the memorandum upon their certificate, stating that the estate is in course of settlement, and the court, after such notice, if any, as it may order and a hearing, may grant the motion, but the liability of heirs or devisees of registered land for claims against the estate of the deceased shall not in any way be diminished or changed.
2023 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 98 - Right of Probate Court to License Sale or Mortgage; New Certificate or Memorandum of Registration

Section 98. This chapter shall not affect or impair the jurisdiction of the probate court to license an executor, administrator, guardian or conservator to sell or mortgage registered land for any purpose for which a license may be granted in the case of unregistered land. The purchaser or mortgagee taking a deed in pursuance of such license shall be entitled to a new certificate of title, or memorandum of registration.
2023 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 99 - Assurance Fund; Payment; Amount

Section 99. Upon original registration, there shall be paid to the recorder one tenth of one per cent of the assessed value of the land, on the basis of the last assessment for municipal taxation, or, in case of the registration of an easement or right, one tenth of one per cent of the value thereof as found by the court, as an assurance fund.
2023 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 100 - Custody; Investment; Annual Report

Section 100. All money received by the recorder under the preceding section shall be paid to the state treasurer, who shall keep it invested, with the advice and approval of the governor and council, and shall make an annual report of the condition and income thereof.
2023 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 101 - Grounds for Recovery From Assurance Fund; Exhausting Other Remedies; Continuance of Action to Await Result of Tort Action

Section 101. A person who, without negligence on his part, sustains loss or damage by reason of any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in a registration book, or a person who, without negligence on his part, is deprived of land or of any estate or interest therein, by the registration of another person as owner of such land or of any estate or interest therein, through fraud or in consequence of any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in a registration book may institute an action in contract in the superior court for compensation from the assurance fund for such loss, damage or deprivation; but a person so deprived of land or of any estate or interest therein, having a right of action or other remedy for the recovery of such land, estate or interest, shall exhaust such remedy before resorting to the action of contract herein provided. This section shall not deprive the plaintiff of any action of tort which he may have against any person for such loss or damage or deprivation of land or of any estate or interest therein. If the plaintiff elects to pursue his remedy in tort, and also brings an action of contract under this chapter, the action of contract shall be continued to await the result of the action of tort.
2023 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 102 - Defendants in Action to Recover From Fund

Section 102. If such action of contract is brought to recover for loss or damage or for deprivation of land or of any estate or interest therein arising wholly through fraud, negligence, omission, mistake or misfeasance of the recorder, assistant recorder or of any of the examiners of title, in the performance of executive or ministerial duties, or of any of the assistants or clerks of the recorder, in the performance of their respective duties, the action shall be brought against the state treasurer as sole defendant. If such action is brought to recover for loss or damage or deprivation of land or of any estate or interest therein arising wholly through fraud, negligence, omission, mistake or misfeasance of some person other than the recorder, assistant recorder or the other officers and assistants above named, or arising jointly through the fraud, negligence, omission, mistake or misfeasance of such other person and the recorder, assistant recorder or other officers and assistants above named, such action shall be brought against both the state treasurer and such other person, as joint defendants.
2023 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 103 - Recovery Upon Judgment

Section 103. If there are defendants other than the state treasurer and judgment is entered for the plaintiff against the state treasurer and against any of the other defendants, execution shall issue against such other defendants and be levied upon them. If the execution is returned unsatisfied in whole or in part, and the officer returning the same certifies that the amount due cannot be collected from the land or goods of such other defendants, a justice of the superior court shall direct the clerk to certify the amount due on the execution to the comptroller, who shall thereupon audit and certify the amount of the execution in the same manner as claims against the commonwealth, and the state treasurer shall pay the amount out of the assurance fund, without any further act or resolve making an appropriation therefor.
If judgment in such action cannot for any reason be entered against any of the other defendants it may be entered against the state treasurer alone, or, if it cannot be entered against all the other defendants, it may be entered against him and such of the other defendants as are found liable, and against whom judgment can lawfully be entered.
If judgment is entered against the state treasurer alone, the justice of the superior court before whom the action is tried shall direct the clerk to transmit to the comptroller a certificate of the entry of judgment and of the amount due, and the state treasurer shall pay the same upon the certificate of the comptroller, as above provided.
2023 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 104 - Deficiencies in Assurance Fund

Section 104. If the assurance fund at any time is not sufficient to meet the amount called for by such certificate of the comptroller the state treasurer shall make up the deficiency from any funds in the treasury not otherwise appropriated; and, in such case, any amounts thereafter received by the state treasurer on account of the assurance fund shall be transferred to the general funds of the treasury, until the amount paid on account of the deficiency shall have been made up.
2023 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 105 - Subrogation Rights

Section 105. In every case where payment has been made by the state treasurer under section one hundred and three, the commonwealth shall be subrogated to the rights of the plaintiff against any other parties or securities, and the state treasurer shall enforce the same, and the amounts recovered shall be placed to the account of the assurance fund.
2023 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 106 - Application and Investment of Income of Assurance Fund

Section 106. The income of the assurance fund shall be added to the principal and invested; except that whenever said fund amounts to two hundred thousand dollars the income thereof shall be used to defray, as far as may be, the expenses of the administration of this chapter.
2023 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 107 - Limitations Upon Liability and Amount of Compensation

Section 107. The assurance fund shall not be liable for any loss, damage or deprivation occasioned by a breach of trust, whether express, implied or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage, nor shall any plaintiff recover in contract as compensation under this chapter more than the fair market value of the land at the time when he suffered the loss, damage or deprivation thereof.
2023 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 108 - Limitations Upon Commencement Time of Actions

Section 108. Actions of contract for compensation under this chapter by reason of any loss or damage or deprivation of land or any estate or interest therein shall be begun within six years after the cause of action accrued; but the plaintiff in an action for the recovery of the land or estate or interest therein in accordance with section one hundred and two may bring the action of contract for compensation within one year after the termination of such action. Said action of contract shall survive to the personal representative of the registered owner, unless barred in his lifetime; but the proceeds thereof shall be treated as real estate.
2023 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 109 - Evidence of Value of Land, Estate or Interest

Section 109. In any action to recover damages for loss or damage or deprivation of land, or of any estate or interest therein, by the registration of another person as owner of such land, or of any estate or interest therein, the assessed valuation for taxation of the land, or of the estate or interest, if assessed separately, for the three years preceding the loss, damage or deprivation may be introduced by any party as evidence of the fair market value of such land, estate or interest; but if the valuation for any one year is so introduced, the valuations for all three years shall be introduced.
2023 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 110 - Powers of Attorney; Acknowledgment and Filing of Letters of Attorney

Section 110. Any person may, by attorney, procure land to be registered and convey or otherwise deal with registered land, but the letters of attorney shall be acknowledged and filed with the recorder or the assistant recorder of the proper registry district and registered. Any instrument revoking such letter shall be acknowledged and registered in like manner.
2023 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 112 - Statement Alleging Right or Interest Adverse to Registered Owner

Section 112. Whoever claims any right or interest in registered land adverse to the registered owner arising after the date of original registration may, if no other provision is made in this chapter for registering the same, make a written statement setting forth fully his alleged right or interest, and how or under whom it was acquired, and a reference to the volume and page of the certificate of title of the registered owner, and a description of the land in which the right or interest is claimed. The statement shall be signed and sworn to, and shall state the adverse claimant's residence, and designate a place where all notices may be served upon him. This statement shall be entitled to registration as an adverse claim, and the court, upon the motion of any party in interest, shall grant a speedy hearing upon the validity of such adverse claim, and shall enter such judgment thereon as justice and equity may require. If the claim is adjudged to be invalid, the registration shall be cancelled. If the court, after notice and a hearing, finds that a claim thus registered was frivolous or vexatious, it may tax the adverse claimant double costs.
2023 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 114 - Changes Upon Registration Book; Grounds for Motion to Change

Section 114. No erasure, alteration or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the recorder or an assistant recorder, except by order of the court. A registered owner or other person in interest may apply by motion to the court upon the ground that registered interests of any description, whether vested, contingent, expectant or inchoate, have terminated and ceased; or that new interests not appearing upon the certificate have arisen or been created; or that any error or omission was made in entering a certificate or any memorandum thereon; or that the name of any person on the certificate has been changed; or that the registered owner has married, or if registered as married, that the marriage has been terminated; or that a corporation which owned registered land and has been dissolved has not conveyed the same within three years after its dissolution; or upon any other reasonable ground; and the court may hear and determine the motion after notice to all parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms, requiring security if necessary, as it may consider proper; but this section shall not authorize the court to open the original judgment of registration, and nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or his heirs or assigns, without his or their written consent.