Massachusetts General Laws

Mass. Gen. Laws ch. 185, § 86 (2026)

Filing and registration of memorandum of proceedings affecting land; registration of judgment or decree

✓ current as of July 2026

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Section 86. No civil action to recover a freehold estate, suit for partition, or other proceeding affecting the title to land or the use and occupation thereof or the buildings thereon, and no judgment or decree or any proceeding to vacate or reverse any judgment or decree shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum like that described in section fifteen of chapter one hundred and eighty-four, containing also a reference to the number of the certificate of title of the land affected and the volume and page of the registration book in which it is entered, is filed and registered. This section shall not apply to attachments, levies of execution, or to the probate of wills or administration in the probate court. If notice of the pendency of the proceeding has been duly registered, it shall be sufficient to register the judgment or decree within sixty days after the rendition thereof.

Notes of Decisions

Cited in 8 cases, 1968–2018 · leading case: Wolfe v. Gormally, 440 Mass. 699 (Mass. 2004).

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Wolfe v. Gormally, 440 Mass. 699 (Mass. 2004). “94C, § 47 (/') (forfeiture *705 proceedings “affecting the title to real property or the use and occupation thereof”), and G. L. c. 185, § 86 (proceedings “affecting the title to [registered] land or the use and occupation thereof”).”

McDonnell v. Quirk, 491 N.E.2d 646 (Mass. App. Ct. 1986). “184, § 15, and G. L. c. 185, § 86. In the meantime there had been activity regarding the locus.”

Feinzig v. Ficksman, 674 N.E.2d 1329 (Mass. App. Ct. 1997). “See G. L. c. 185, § 86. The difficulty with such a practice is that a party might or might not see to that next step.”

McCarthy v. Hurley, 24 Mass. App. Ct. 533 (Mass. App. Ct. 1987). · cites it 2× “The principal question raised on appeal is whether the underlying subdivision control litigation to which the lis pendens refers is a proceeding “affecting the title to land or the use and occupation thereof”, as contemplated by G. L. c. 185, § 86, the lis pendens statute…”

Town of Sandwich v. Panciocco, 724 N.E.2d 310 (Mass. App. Ct. 2000). · cites it 2× “The deféndant’s reasons are: (i) the town was a “party” to the confirmation proceedings and is bound by the decree entered in that case; (ii) the requirements of G. L. c. 185, § 86 (no civil action affecting the title to land shall have any effect on registered land unless a…”

Killorin v. Zoning Bd. of Appeals, 955 N.E.2d 315 (Mass. App. Ct. 2011). “the lis pendens statute[s],” G. L. c. 185, § 86, and G. L. c. 184, § 15.”

Cafarella v. Rizzo, 235 N.E.2d 786 (Mass. 1968). “At most, G. L. c. 185, § 86, extends the effect of lis pendens in certain cases sixty days beyond entry of the final decree.”

Przyjemski v. Przyjemski, 113 N.E.3d 935 (Mass. App. Ct. 2018). “See G. L. c. 185, § 86. Because the resulting trust is an encumbrance 5 on registered land, so much of the judgment as relates to the adjacent parcel must be vacated.”

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