Massachusetts General Laws

Mass. Gen. Laws ch. 184, § 23A (2026)

Proceedings relating to building restrictions; limitation of actions

✓ current as of July 2026
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Section 23A. No action, suit, or proceeding shall be maintained either at law or in equity in any court to recover damages or to compel the removal, alteration, or relocation of any structure by reason of any violation of any private restriction or condition in the nature of a restriction by which the use of real property is affected in regard to: (a) building set-back requirements from front, side, or rear property lines, (b) the size, type, number of dwelling units, or number of stories of any structure, (c) the addition of any porch, garage, sign, bay window or similar addition, or the location or construction of any driveway, fence or wall, or (d) the materials used or the expenditures made for construction, unless such action, suit, or proceeding is commenced within six years next after the completion of such building, addition, or other construction.

For the purposes of this section, the record of assessment of any house or other structure for taxation shall be prima facie evidence of the completion of such house or structure by the first day of January of the year of assessment.

This section shall not be construed as extinguishing, limiting or abridging any defense against any such action, suit or proceeding which would otherwise be available nor as affecting sections nineteen to twenty-three, inclusive, or sections twenty-four to thirty, inclusive.

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: Opinions of the Justices to the Senate, 424 N.E.2d 1092 (Mass. 1981).
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Opinions of the Justices to the Senate, 424 N.E.2d 1092 (Mass. 1981). “1001, inserting a new G. L. c. 184, § 23A. However, the definition of “vestigial rights” continues, unlike proposed § 23A, and includes “any other continuing right of the commonwealth to title to any such [i.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.