Massachusetts General Laws

Mass. Gen. Laws ch. 240, § 1 (2026)

Petition to compel adverse claimant to try title

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 1. If the record title of land is clouded by an adverse claim, or by the possibility thereof, a person in possession of such land claiming an estate of freehold therein or an unexpired term of not less than ten years, and a person who by force of the covenants in a deed or otherwise may be liable in damages, if such claim should be sustained, may file a petition in the land court stating his interest, describing the land, the claims and the possible adverse claimants so far as known to him, and praying that such claimants may be summoned to show cause why they should not bring an action to try such claim. If no better description can be given, they may be described generally, as the heirs of A B or the like. Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title, or persons having separate and distinct interests in the same parcel or parcels, may join in a petition against the same supposed claimants. If the supposed claimants are residents of the commonwealth, the petition may be inserted like a declaration in a writ, and served by a copy, like a writ of original summons. Whoever is in the enjoyment of an easement shall be held to be in possession of land within the meaning of this section.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1974–2023 · leading case: Bevilacqua v. Rodriguez, 955 N.E.2d 884 (Mass. 2011).

Sort: Relevance Newest Treatment

Bevilacqua v. Rodriguez, 955 N.E.2d 884 (Mass. 2011). · cites it 12× “This case comes before us on a highly unusual procedural footing. The respondent, Pablo Rodriguez, has not been located and accordingly has not entered an appearance.”

Lemelson v. U.S. Bank Nat'l Ass'n, 721 F.3d 18 (1st Cir. 2013). · cites it 6× “2d at 889 (emphasis added) (quoting Mass. Gen. Laws ch. 240, § 1 ) (internal quotation marks omitted); see Blanchard v.”

Abate v. Fremont Inv. & Loan, 26 N.E.3d 695 (Mass. 2015). · cites it 6× “762, 766 (2011), citing G. L. c. 240, § 1. Recognizing the potential conflict between jurisdictional determinations and a petitioner’s right under the statute to compel an adverse claimant to bring his or her own action to assert that claim, we transferred the petitioner’s…”

Lister v. Bank of Am., N.A., 790 F.3d 20 (1st Cir. 2015). “Compare Mass. Gen. Laws ch. 240, § 1 , with R.I. Gen.”

Larace v. Wells Fargo Bank, N.A., 972 F. Supp. 2d 147 (D. Mass. 2013). · cites it 2× “Mass. Gen. Laws ch. 240, § 1 . Massachusetts is a “title theory” state: “a mortgage is a transfer of legal title in a property to secure a debt.”

Jepson v. Deutsche Bank Nat'l Trust Co., 969 F. Supp. 2d 202 (D. Mass. 2013). · cites it 2× “Mass. Gen. Laws ch. 240, § 1 . An action under the try title statute does not conclusively resolve the disputed claim, but rather “[a] successful petition filed under the try title statute results only in a judgment requiring a party with a claim to the subject property to come…”

In Re Colarusso, 295 B.R. 166 (1st Cir. BAP 2003). “497 (1852) (action by record owners for recovery of land); see also Mass. Gen. Laws Ann. ch. 240, § 1 (person in possession of land may compel adverse claimant to try title).”

Fales v. Glass, 402 N.E.2d 1100 (Mass. App. Ct. 1980). “G. L. c. 240, §§ 1 and 6. The plaintiff holds the record title to and is the undisputed beneficial owner of an undivided one-half interest in the land.”

Muir v. City of Leominster, 317 N.E.2d 212 (Mass. App. Ct. 1974). “If a reverter has occurred, the means which the city may use to obtain possession and to establish that title has reverted to it could well depend upon the circumstances. It may well be that litigation would not be required.”

Goulding v. Cook, 645 N.E.2d 54 (Mass. App. Ct. 1995). “A judge of the Land Court, acting on a petition *93 brought under G. L. c. 240, § 1, determined that the Gouldings held title to the locus.”

Ragosa v. Canzano, 295 B.R. 166 (1st Cir. BAP 2003). “497 (1852) (action by record owners for recovery of land); see also Mass. Gen. Laws Ann. ch. 240, § 1 (person in possession of land may compel adverse claimant to try title).”

Roscioli v. Sanderson, 103 N.E.3d 1239 (Mass. App. Ct. 2018). · cites it 2× “240, § 6 ; to compel the defendants to try title under G. L. c. 240, § 1 et seq. ; and to abate a trespass to realty involving title under G.”

Show all 17 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.