Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 45 (2026)

Judgment of confirmation and registration; opening of judgment; remedies of aggrieved persons

✓ current as of July 2026

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Section 45. If the court, after hearing, finds that the plaintiff has title proper for registration, a judgment of confirmation and registration shall be entered, which shall bind the land and quiet the title thereto, subject only to the exceptions stated in the following section. It shall be conclusive upon and against all persons, including the commonwealth, whether mentioned by name in the complaint, notice or citation, or included in the general description ''to all whom it may concern''. Such judgment shall not be opened by reason of the absence, infancy or other disability of any person affected thereby, nor by any proceeding at law or in equity for reversing judgments or decrees; subject, however, to the right of any person deprived of land, or of any estate or interest therein, by a judgment of registration obtained by fraud to file a complaint for review within one year after the entry of the judgment, provided no innocent purchaser for value has acquired an interest. If there is any such purchaser, the judgment of registration shall not be opened but shall remain in full force and effect forever, subject only to the right of appeal as provided by law from time to time. But any person aggrieved by such judgment in any case may pursue his remedy in tort against the plaintiff or against any other person for fraud in procuring the judgment.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1923–2025 · 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 8× “Second, and more fundamentally, I do not believe that by its use of the word "fraud" in G.L.c. 185, § 45, and elsewhere in the Land Registration Act, the Legislature intended to authorize collateral attack on decrees of registration in circumstances like those presented here.”

Christian v. Mooney, 400 Mass. 753 (Mass. 1987). · cites it 4× “He further concluded that the registration of title in Bewkes’s name was not obtained by fraud and that under G. L. c. 185, § 45 (1984 ed.), a registration decree could only be vacated on proof of fraud.”

Arno v. Commonwealth, 931 N.E.2d 1 (Mass. 2010). · cites it 2× “In the context of the Registration Act, the Commonwealth argues, registration that is binding on all interested persons, “including the commonwealth,” G. L. c. 185, § 45, is limited to registration of the soil, or jus priva-tum, and not the public’s rights therein, or jus…”

McDonnell v. Quirk, 491 N.E.2d 646 (Mass. App. Ct. 1986). · cites it 2× “” Indeed, as we have previously indicated, McDonnell’s complaint did not appear to constitute an assault on Quirk’s title as such.”

Sullivan v. Kondaur Capital Corp., 7 N.E.3d 1113 (Mass. App. Ct. 2014). “185, § 45, allows “any person deprived of land, or of any estate or interest therein,” to challenge a judgment of registration obtained by fraud by complaint filed within one year after entry of the judgment, provided no innocent purchaser for value has acquired an interest…”

Martin v. Simmons Props., LLC, 2 N.E.3d 885 (Mass. 2014). “” G. L. c. 185, § 45. This certainty assists landholders and potential future purchasers, but otherwise creates no property rights distinct from those accorded any owner of real property.”

All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663 (Mass. 2010). “We recently held that broad language in G. L. c. 185, § 45 (registration act), authorizing the Land Court to issue a judgment after a land registration proceeding that “shall be conclusive upon and against all persons, including the commonwealth” (emphasis added), was not…”

Lasell Coll. v. Leonard, 589 N.E.2d 342 (Mass. App. Ct. 1992). · cites it 2× “See G. L. c. 185, § 45. The certificates of title unequivocally include reference to the easements now claimed.”

Doyle v. Commonwealth, 830 N.E.2d 1074 (Mass. 2005). “To that end, G. L. c. 185, § 45, provides that a decree of registration “shall be conclusive upon and against all persons .”

Tetrault v. Bruscoe, 497 N.E.2d 275 (Mass. 1986). “185, § 1 (k), to hear a certain class of cases involving registered land *459 are circumscribed by the statutoiy language contained in G. L. c. 185, § 45 (1984 ed.). Section 45 states that a judgment for confirmation and registration of a land title “shall not be opened .”

Triangle Ctr., Inc. v. Dep't of Pub. Works, 438 N.E.2d 798 (Mass. 1982). “The DPW cross appeals, asserting that the Land Court erred in ruling that the DPW’s claimed drainage easement was extinguished by G. L. c. 185, § 45. Because we conclude that the DPW never had a drainage easement, we do not consider whether such an easement was extinguished.”

Paull v. Kelly, 819 N.E.2d 963 (Mass. App. Ct. 2004). “See G. L. c. 185, § 45 (establishing that a registration decree “shall be conclusive upon and against all persons”); Deacy v.”

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