Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 41 (2026)

Answer

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Section 41. Any person who claims an interest, whether named in the notice or not, may appear and file an answer on or before the return day, or within such further time as the court may allow. The answer shall state all objections to the complaint, shall set forth the interest claimed by the person who files it, and shall be signed and sworn to by him or by a person in his behalf.

Notes of Decisions

Cited in 4 cases, 1980–2010 · 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 2× “"One who has neglected to take the necessary and essential steps provided by a statute creating a remedy [in the instant case, G.L.c. 185, § 41, permitting the filing of an appearance and an answer] has no right to the remedy.”

Arno v. Commonwealth, 931 N.E.2d 1 (Mass. 2010). “Where, as here, the only fillings that occurred (in 1882 and 1895) were performed pursuant to licenses that expressly reserved the Commonwealth’s regulatory authority, the decree of the Land Court cannot be interpreted as a superseding “lawful authority”; the Land Court has not…”

Town of Lancaster v. Foley, 15 Mass. App. Ct. 967 (Mass. App. Ct. 1983). “See also the discretionary powers granted to the Land Court by G. L. c. 185, § 41. In the motions, there was only slight effort to establish facts, as to events after the registration petition was filed, tending to excuse the failure to file timely answers.”

Gifford v. Otis, 873 N.E.2d 792 (Mass. App. Ct. 2007). “G. L. c. 185, §§ 41, 42, 43. In the third stage, the Land Court conducts a hearing to evaluate the legitimacy of the petitioner’s interests in the subject property.”

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