Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 53 (2026)

Prescription, adverse possession or right of way by necessity

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Section 53. No title to registered land, or easement or other right therein, in derogation of the title of the registered owner, shall be acquired by prescription or adverse possession. Nor shall a right of way by necessity be implied under a conveyance of registered land.

Notes of Decisions

Cited in 20 cases (3 in the last 5 years), 1927–2024 · leading case: Martin v. Simmons Props., LLC, 2 N.E.3d 885 (Mass. 2014).

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Martin v. Simmons Props., LLC, 2 N.E.3d 885 (Mass. 2014). · cites it 4× “The act prohibits the establishment of easements by prescription, G. L. c. 185, § 53, 10 and prevents the extinguishment of an easement by prescription.”

Hickey v. Pathways Ass'n, Inc., 37 N.E.3d 1003 (Mass. 2015). · cites it 2× “” G. L. c. 185, § 53. Nonetheless, with certain limited but important distinctions, such as those just noted, registered land is to be treated in the same manner, and according to the same legal doctrines, that apply to recorded land.”

Bagley v. Moxley, 555 N.E.2d 229 (Mass. 1990). “5 See G. L. c. 185, § 53 (1988 ed.), which provides: “No title to registered land, or easement or other right therein, in derogation of the title of the registered owner, shall be acquired by prescription or adverse possession.”

Commonwealth Elec. Co. v. MacCardell, 450 Mass. 48 (Mass. 2007). · cites it 2× “[either] adverse use, which” is not allowed under G. L. c. 185, § 53, or permissive use. Id.”

Calci v. Reitano, 846 N.E.2d 1164 (Mass. App. Ct. 2006). · cites it 2× “G. L. c. 185, § 53. Lot 134A, when still owned as part of a larger parcel by Associates, was registered in 1913 “subject .”

Peters v. Archambault, 278 N.E.2d 729 (Mass. 1972). · cites it 2× “See G.L.c. 185, § 53. [12] It would seem that after an award of damages the plaintiffs and the defendants would be free voluntarily to reform the titles and establish corrected boundaries.”

Duddy v. Mankewich, 912 N.E.2d 1 (Mass. App. Ct. 2009). “For example, pursuant to G. L. c. 185, § 53, amended by St. 1921, c.”

Feinzig v. Ficksman, 674 N.E.2d 1329 (Mass. App. Ct. 1997). “See G. L. c. 185, § 53 2 ; Goldstein v. Beal, 317 Mass.”

Dubinsky v. Cama, 158 N.E. 321 (Mass. 1927). “No argument has been urged against the form of the decree whereby not only is the plaintiff’s bill dismissed but also the defendants are affirmatively declared to have a right of way over the passageways shown on the plan. Apparently the plaintiff has assumed that the answer of…”

Lasell Coll. v. Leonard, 589 N.E.2d 342 (Mass. App. Ct. 1992). “G. L. c. 185, § 53. Leonard and Waber make three arguments why the registration proceedings and the resulting certificates of title should not preclude them from continuing to use the paper street free of any easements.”

Williams Bros. of Marshfield v. Peck, 966 N.E.2d 860 (Mass. App. Ct. 2012). “See G. L. c. 185, § 53 (“No title to registered land, or easement or *686 other right therein, in derogation of the title of the registered owner, shall be acquired by prescription or adverse possession.”

Brown v. Kalicki, 90 Mass. App. Ct. 534 (Mass. App. Ct. 2016). · cites it 4× “Without conceding the facts underlying the interveners' claims, the plaintiffs argued on summary judgment that the claims failed as matter of law, because -- by statute -- one cannot obtain prescriptive rights in registered land, see G. L. c. 185, § 53, and the accreted…”

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