Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 3 (2026)

Estate created without instrument in writing

✓ current as of July 2026

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Section 3. An estate or interest in land created without an instrument in writing signed by the grantor or by his attorney shall have the force and effect of an estate at will only, and no estate or interest in land shall be assigned, granted or surrendered unless by such writing or by operation of law.

Notes of Decisions

Cited in 36 cases (3 in the last 5 years), 1922–2026 · leading case: US Bank Nat'l Ass'n v. Ibanez, 941 N.E.2d 40 (Mass. 2011).

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US Bank Nat'l Ass'n v. Ibanez, 941 N.E.2d 40 (Mass. 2011). · cites it 4× “See G. L. c. 183, § 3; Saint Patrick's Religious, Educ.”

Galvin v. U.S. Bank, N.A., 852 F.3d 146 (1st Cir. 2017). “See Mass. Gen. Laws ch. 183, § 3 ; Ibanez, 941 N.”

Culhane v. Aurora Loan Servs. of Nebras, 708 F.3d 282 (1st Cir. 2013). “See Mass. Gen. Laws ch. 183, § 3 ; Ibanez, 941 N.”

Mills v. U.S. Bank, NA Ex Rel. Lehman XS Trust Mortg. Pass-Through Certificates, 753 F.3d 47 (1st Cir. 2014). “Mills focuses primarily on the Massachusetts statute of frauds, Mass. Gen. Laws ch. 183, § 3 , which requires assignments of mortgages and other interests in land to be placed in writing and signed by the assignor.”

Demelo v. U.S. Bank Nat'l Ass'n, 727 F.3d 117 (1st Cir. 2013). “Bank did not possess a written assignment of the mortgage at the time of foreclosure (and, thus, could not validly exercise the power of sale contained in the mortgage).”

Greenstein v. Flatley, 474 N.E.2d 1130 (Mass. App. Ct. 1985). “G. L. c. 183, § 3. Chester A. Baker, Inc.”

Snider v. Deban, 249 Mass. 59 (Mass. 1924). · cites it 2× “G. L. c. 183, § 3; c. 259, § 1, cl. 4. See Lilienthal v.”

In Re Vicente, 446 B.R. 26 (Bankr. D. Mass. 2011). · cites it 2× “2011) (citing, inter alia, Mass. Gen. Laws ch. 183, § 3 ). 5 Accordingly, the assignment by MERS to Barclays Bank PLC and the Barclays Bank PLC assignment to Sutton Funding LLC did not transfer any rights to the mortgage on the Debtor’s Property until they were executed on…”

Town of Lexington v. Bean, 172 N.E. 867 (Mass. 1930). “The use of the shop as a general automobile repair shop, by the defendant Perkins, with the knowledge and consent of the defendant Bean, who had a right to terminate the tenancy (G. L. c. 183, § 3, Currier v. Barker, 2 Gray, 224 , 226), was a use thereof by the defendant Bean…”

Tage II Corp. v. Ducas (U.S.) Realty Corp., 461 N.E.2d 1222 (Mass. App. Ct. 1984). “Such a status, terminable, as it is, on thirty days’ notice, is obviously precarious compared to the status of a tenant under a written lease with four more years to go on the initial term, the position which Tage II would have enjoyed on a proper assignment consented to by the…”

Azevedo v. U.S. Bank N.A., 167 F. Supp. 3d 166 (D. Mass. 2016). “2d 40 (2011) (citing Mass. Gen. Laws c. 183, § 3)). Other than the requirement of a writing, there are no magic words or strict formalities to be observed in such an assignment.”

Cambridge Chamber of Com. v. Cent. Square Ins. Agency, Inc., 1999 Mass. App. Div. 27 (Mass. Dist. Ct., App. Div. 1999). “G.L.c. 183, §3. No such writing was signed by April 30,1997, as the last sentence of Barrell’s April 15th letter appears to require.”

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