Mass. Gen. Laws » Part II Title I Chapter 185
Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 38 (2026)

Publication of notice of filing of complaint

✓ current as of July 2026
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Section 38. Unless the plaintiff withdraws his petition within fourteen days of the notice of the filing of the examiner's report from the recorder, the recorder shall cause notice of the filing of the complaint to be published in a newspaper published in the district where any part of the land lies. The notice shall be issued by order of the court, attested by the recorder, and shall be in form substantially as follows:

COMMONWEALTH OF MASSACHUSETTS

Land Court

To (here insert the names of all persons known to have an adverse interest, and the adjoining owners and occupants so far as known), and to all whom it may concern:

Whereas a complaint has been presented to said court by (name or names and address) to register and confirm his (or their) title in the following described land (insert description).

If you desire to make any objection or defense to said complaint you or your attorney must file a written appearance and an answer under oath, setting forth clearly and specifically your objections or defense to each part of said complaint, in the office of the recorder of said court in Boston, (designation of location) or in the office of the assistant recorder of said court at the registry of deeds at ___ in the county of ___ where a copy of the plan filed with said complaint is deposited, on or before the ___ day of ___ next. Unless an appearance is so filed by or for you, your default will be recorded, the said complaint will be taken as confessed and you will be forever barred from contesting said complaint or any judgment entered thereon.

Witness, , Esquire, judge of said court, this ___ day of ___ in the year nineteen hundred and .

Attest with the seal of said court .

Recorder.

Notes of Decisions
Cited in 7 cases, 1924–2015 · leading case: Kozdras v. Land/Vest Props., Inc., 413 N.E.2d 1105 (Mass. 1980).
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Kozdras v. Land/Vest Props., Inc., 413 N.E.2d 1105 (Mass. 1980). · cites it 6× “G.L.c. 185, § 38. [8] Additionally, the Land Court had a copy of the notice sent by registered mail to Frank Kozdras, as required by G.”
Wild v. Constantini, 615 N.E.2d 557 (Mass. 1993). · cites it 2× “" The published notice *665 for the proceeding (see G.L.c. 185, § 38 [1990 ed.]) contained the same language.”
Snow v. E. L. Dauphinais, Inc., 432 N.E.2d 730 (Mass. App. Ct. 1982). · cites it 2× “See G. L. c. 185, §§ 38 (as in effect prior to St.”
Triangle Ctr., Inc. v. Dep't of Pub. Works, 438 N.E.2d 798 (Mass. 1982). “Therefore, the registration process could not be concerned with this right, and the registration decree did not affect it. *867 We reverse the judgment and remand this case in order that the Land Court can apply the rule we announce today.”
Gifford v. Otis, 873 N.E.2d 792 (Mass. App. Ct. 2007). · cites it 3× “On February 18, 1987, pursuant to G. L. c. 185, §§ 38 & 39, notice was sent to all abutters, published in the Revere Journal, and posted on the locus.”
Lassman v. HSBC Bank USA., N.A. (In re DeMore), 530 B.R. 519 (Bankr. D. Mass. 2015). “4 (citing Mass. Gen. Laws ch. 185, § 38 ). The Land Court has published a form of complaint for registration containing required information.”
Gamwell v. Bigley, 145 N.E. 47 (Mass. 1924). “G. L. c. 185, § 38. See § 46. It is found by the master, that on the date of the defendant’s purchase, there was standing within the way a one-story brick structure used for the sale of baker’s products, and referred to in the report as a “ store,” which has not been removed or…”
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