Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 43 (2026)

Vesting of title or interest by operation of decree in equity

✓ current as of July 2026

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Section 43. Whenever a final decree in equity shall be made by the supreme judicial, superior, probate or land court directing that a deed, conveyance or release of any real estate or interest therein shall be made, and the party directed to make such deed, conveyance or release does not duly execute it within the time specified in the decree, the decree itself shall operate to vest title to the real estate or interest in the party entitled thereto by the decree as fully and completely as if such deed, conveyance or release had duly been executed by the party directed to make it.

Notes of Decisions

Cited in 11 cases, 1926–2015 · leading case: In Re Pina, 363 B.R. 314 (Bankr. D. Mass. 2007).

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In Re Pina, 363 B.R. 314 (Bankr. D. Mass. 2007). · cites it 7× “Relying upon Mass. Gen. Laws ch. 183, § 43 , it also asserts that it holds legal title.”

Dee v. Dee, 296 N.E.2d 521 (Mass. App. Ct. 1973). · cites it 4× “e legislative history of the latter section [8] suggests no more than an intention to implement alimony decrees which might provide for the conveyance of an interest in real estate in substantially the same manner in which decrees for conveyance of real estate which are entered…”

Well-Built Homes, Inc. v. Shuster, 834 N.E.2d 1213 (Mass. App. Ct. 2005). “directing that a deed, conveyance or release of any real estate or interest therein shall be made,” and a party fails so to do as directed, “the decree itself shall operate to vest title to the real estate or interest in the party entitled thereto .”

Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013). “Pursuant to G.L. c. 183, § 43, Danu-ta E. Golemo is authorized to record a certified copy of this judgment with the Registry of Deeds and that shall operate to vest title in the above referenced properties in Danuta E.”

Blitzer v. Blitzer, 282 N.E.2d 918 (Mass. 1972). “Accordingly, the Probate Court should appoint a special master to make any conveyance or sale which it may deem appropriate in applying quasi in rem the husband’s interest in the locus in satisfaction of his obligations pro tanto.”

Hermanson v. Seppala, 152 N.E. 363 (Mass. 1926). “G. L. c. 183, §§ 43, 44. A bill is not multifarious because it “ contains inconsistent alternative prayers.”

Suga v. Maum, 565 N.E.2d 793 (Mass. App. Ct. 1991). “See also G. L. c. 183, § 43. In addition, Kamiya was the largest creditor of the estate and personally settled the estate debts.”

Pavlik v. Dmytryck, 379 N.E.2d 1117 (Mass. App. Ct. 1978). “209, § 32D, and G. L. c. 183, §§ 43 and 44. In April, 1975, she conveyed the property to the defendants.”

V.R. Streeter v. United States, 150 F. Supp. 3d 82 (D. Mass. 2015). “Pursuant to Mass. Gen. L. c. 183, § 43, and by a declaration of the Essex Probate and Family Court issued in January 2010, Wissa did not have an interest in the Property when *85 the Notice of Federal Tax Lien was filed in 2004.”

Ricciardelli v. Ricciardelli, 343 N.E.2d 433 (Mass. App. Ct. 1976). “[that] section suggests no more than an intention to implement alimony decrees which might provide for the conveyance of an interest in real estate in substantially the same manner in which decrees for conveyance of real estate which are entered in ordinary equity proceedings…”

E. Sav. Bank v. City of Salem, 597 N.E.2d 55 (Mass. App. Ct. 1992). “In that respect, the fourth sentence of the rule incorporates or complements G. L. c. 183, §§ 43 and 44, which provide that in certain cases a decree (the statute predates adoption of the rules of civil procedure and employs the old vocabulary) ordering a conveyance shall be…”

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