Mass. Gen. Laws » Part II Title I Chapter 183
Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 13 (2026)

Words of inheritance

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Section 13. In a conveyance or reservation of real estate the terms ''heirs'', ''assigns'' or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the deed.

Notes of Decisions
Cited in 7 cases, 1930–2014 · leading case: Hershman-Tcherepnin v. Tcherepnin, 891 N.E.2d 194 (Mass. 2008).
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Hershman-Tcherepnin v. Tcherepnin, 891 N.E.2d 194 (Mass. 2008). “See G. L. c. 183, § 13 (“A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the deed”).”
Rogel v. Collinson, 765 N.E.2d 255 (Mass. App. Ct. 2002). “5 The plaintiffs further contend that, in any event, the judge improperly relied on the absence of any words of assignability or inheritability in the reservation of file easement in holding that it could not be assigned by Nelson since, under G. L. c. 183, § 13, no such words…”
First Church in Somerville (Unitarian) v. Attorney Gen., 376 N.E.2d 1226 (Mass. 1978). “G. L. c. 183, § 13, inserted by St. 1912, c.”
O'Shea v. Mark E. Kelley Co., 173 N.E. 508 (Mass. 1930). “502, § 19, (G. L. c. 183, § 13,) the use of the word heirs was necessary to create a reservation in fee.”
Elwell v. Miner, 174 N.E.2d 43 (Mass. 1961). “The contention of the plaintiff that the habendum clause of the deed served to enlarge the reserved easement to one in fee cannot be sustained. The office of a habendum is to declare and fix the nature and extent of the interest or title conveyed by the deed.”
In re Freeman, 520 B.R. 341 (Bankr. D. Mass. 2014). “See Mass. Gen. Laws ch. 183, § 13 (“A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the deed”).”
DaRocha v. Macomber, 4 Mass. App. Dec. 135 (Mass. Dist. Ct., App. Div. 1953). “G.L. c. 183, § 13; Security Co-op. Bank v.”
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