Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 77 (2026)

Burdens and incidents attaching by law

✓ current as of July 2026

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Section 77. Registered land, and ownership therein, shall in all respects be subject to the burdens and incidents attaching by law to unregistered land. This chapter shall not relieve registered land or the owners thereof from any rights incident to the relation of husband and wife, or from liability to attachment on mesne process or levy on execution, or from liability to any lien of any description established by law on land and the buildings thereon, or on the interest of the owner in such land or buildings, nor shall it change the laws of descent, or the rights of partition between co-tenants, or the right to take the same by eminent domain, or relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences, or change or affect in any way any other rights or liabilities created by law and applicable to unregistered land, except as otherwise expressly provided in this chapter.

Notes of Decisions

Cited in 3 cases, 2012–2016 · leading case: Hickey v. Pathways Ass'n, Inc., 37 N.E.3d 1003 (Mass. 2015).

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Hickey v. Pathways Ass'n, Inc., 37 N.E.3d 1003 (Mass. 2015). “See G. L. c. 185, § 77 (land registration act shall not “change or affect in any way any other rights or liabilities created by law and applicable to unregistered land, except as expressly provided in this chapter”).”

Williams Bros. of Marshfield v. Peck, 966 N.E.2d 860 (Mass. App. Ct. 2012). “Additionally, G. L. c. 185, § 77, provides that “[Registered land, and ownership therein, shall in all respects be subject to the burdens and incidents attaching by law to unregistered land,” and c.”

Brown v. Kalicki, 90 Mass. App. Ct. 534 (Mass. App. Ct. 2016). · cites it 2× “13 In sum, by definition, land cannot become registered until it has been the subject of an in rem registration proceeding.”

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