Section 26. Complaints for registration of title may be made by the following persons:
First, Persons who claim, singly or collectively, to own the legal estate or easements or rights in land held and possessed in fee simple.
Second, Persons who claim, singly or collectively, to have the power of appointing or disposing of the legal estate or easements or rights in land held and possessed in fee simple.
Third, Infants and other persons under disability, by their legally appointed guardians; but the person in whose behalf the complaint is made shall be named as plaintiff.
Fourth, Corporations, by any officer duly authorized by a vote of the directors.
One or more tenants for a term of years, which is regarded as a fee simple in section one of chapter one hundred and eighty-six, shall not bring an action except jointly with those who claim the reversionary interest which makes up the fee simple at common law; nor shall a mortgagor, except as hereinafter provided, bring an action without the written consent of the mortgagee; nor shall one or more tenants bring an action who claim undivided shares less than a fee simple in the whole land described in the complaint for registration. If the holder of a mortgage does not consent to the complaint, it may be entered nevertheless, and the title registered, subject to the mortgage, which may be dealt with or foreclosed as if the land subject to it had not been registered. The judgment of registration in such case shall describe the mortgage, and shall state that it has not been registered and that registration is made subject to it, and shall provide that no subsequent certificate shall be issued and no further papers registered relative to such land after a foreclosure of such mortgage.
Notes of Decisions
Cited in
8
cases, 1923–2015 · leading case:
Emmons v. White, 788 N.E.2d 557 (Mass. App. Ct. 2003).
Emmons v. White, 788 N.E.2d 557 (Mass. App. Ct. 2003).
“183, rather than the land registration act, G. L. c. 185, §§ 26 et seq., governs whether White was bound by the settlement.”
Lasell Coll. v. Leonard, 589 N.E.2d 342 (Mass. App. Ct. 1992).
“at 56 ; G. L. c. 185, § 26. The remedy available to an abutter who objects to the establishment of an easement adversely affecting his land is to oppose the registration in the Land Court or to file a timely challenge to the decree on the basis of fraud.”
Willard v. Kimball, 178 N.E. 607 (Mass. 1931).
· cites it 2× “, did not fulfill all the requirements for a petition to register title to land by a corporation under G. L. c. 185, § 26”; (2) “The petition for registration of title to land could not be amended to substitute the sub- .”
Lassman v. HSBC Bank USA., N.A. (In re DeMore), 530 B.R. 519 (Bankr. D. Mass. 2015).
“Mass. Gen. Laws ch. 185, § 26 . “The complaint must be filed with, among other things, a plan of the land that is the subject of the registration complaint.”
Town of Sandwich v. Panciocco, 724 N.E.2d 310 (Mass. App. Ct. 2000).
“2 On May 10, 1974, after a petition for registration of title, see G. L. c. 185, § 26, had been filed in the Land Court by Joseph J.”
Baumgartner v. Doherty, 190 N.E. 838 (Mass. 1934).
“There was no reversible error in the ruling of the trial judge that “the words in G. L. c. 185, § 26, 'held and possessed’ refer to the title and not to the land itself,” or in the denial of the request for the related ruling that “The petitioner did not hold and possess the…”
Gifford v. Otis, 873 N.E.2d 792 (Mass. App. Ct. 2007).
“7 G. L. c. 185, § 26. “Immediately after the filing of a complaint,” the court must refer the matter to an examiner of title, “who shall search the records *215 and investigate all facts stated in the complaint or otherwise brought to his notice, and shall file in the case a…”
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.