Massachusetts General Laws

Mass. Gen. Laws ch. 212, § 26A (2026)

Land title actions; jury-waived civil actions; transfer to land court

✓ current as of July 2026

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Section 26A. The superior court may, upon the application of either party, order a jury-waived civil action where any right, title or interest in land is involved, including actions for specific performance of contracts, removed to the land court for trial and disposition. Upon the entry of such an order, the clerk of the court shall forthwith transmit all the papers in the case to the recorder of the land court who shall forthwith enter them on the land court docket, which court thereafter shall have jurisdiction of the action so removed.

Notes of Decisions

Cited in 5 cases, 1976–2014 · leading case: Sullivan v. Kondaur Capital Corp., 7 N.E.3d 1113 (Mass. App. Ct. 2014).

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Sullivan v. Kondaur Capital Corp., 7 N.E.3d 1113 (Mass. App. Ct. 2014). “A judge of the Superior Court endorsed a memorandum of lis pendens, but thereafter transferred the matter to the Land Court, under G. L. c. 212, § 26A, because the complaint concerned claims of title to registered land over which the Land Court has exclusive jurisdiction.”

Guar. Mortg. Corp. v. Town of Burlington, 432 N.E.2d 480 (Mass. 1982). “1 The case was later transferred to the Land Court on motion of the defendants acting under G. L. c. 212, § 26A. 2 The complaint listed as a defendant the Commissioner of Corporations and Taxation.”

Schiffone v. Zoning Bd. of Appeals, 553 N.E.2d 1308 (Mass. App. Ct. 1990). “On May 2, 1988, the case was transferred to the Land Court upon the plaintiff’s motion pursuant to G. L. c. 212, § 26A. A trial was held on October 24, 1988.”

Pass v. Town of Seekonk, 351 N.E.2d 219 (Mass. App. Ct. 1976). “The bill was filed in the Superior Court but subsequently transferred to the Land Court under the provisions of G. L. c. 212, § 26A. The original plaintiff died prior to trial, and her executor was substituted as the party plaintiff (plaintiff).”

Devine v. Town of Nantucket, 452 N.E.2d 1167 (Mass. App. Ct. 1983). “We think that reference to include redemption cases under the statutory antecedents of c. 60. We are disinclined to construe the statute in a manner which deprives of jurisdiction over a tax title case that very court which is best equipped to exercise it.”

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