Massachusetts General Laws

Mass. Gen. Laws ch. 240, § 10A (2026)

Restrictions on land; determination; jurisdiction; petition

✓ current as of July 2026

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Section 10A. The superior court and the land court shall have concurrent jurisdiction of a civil action by any person or persons claiming an estate of freehold, or an unexpired term of not less than ten years, in land subject to a restriction described in section twenty-six of chapter one hundred and eighty-four, to determine and declare whether and in what manner and to what extent and for the benefit of what land the restriction is then enforceable, whether or not a violation has occurred or is threatened. The complaint shall state the names and addresses, so far as known to the plaintiff or plaintiffs, of the owners of the subject parcels as to which the determination is sought, of the owners of any benefited land and of any persons benefited other than persons interested in benefited land. There shall be filed therewith (1) a certified copy of the instrument or instruments imposing the restriction, or of a representative instrument if there are many and the complaint includes a summary of the remainder, and (2) a plan or sketch showing the approximate locations of the parcels as to which the determination is sought, and the other parcel or parcels, if any, which may have the benefit of the restriction, and the ways, public or open to public use, upon which the respective parcels abut or nearest thereto, and the street numbers, if any, of such parcels.

Notes of Decisions

Cited in 7 cases, 1972–2012 · leading case: Blakeley v. Gorin, 313 N.E.2d 903 (Mass. 1974).

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Blakeley v. Gorin, 313 N.E.2d 903 (Mass. 1974). · cites it 4× “This is an appeal from a final decree of the Superior Court in equity on a petition brought pursuant to the provisions of G.L.c. 240, § 10A. The petitioners, owners of a parcel of land subject to certain restrictions known as the Commonwealth Restrictions, seek a determination…”

Garland v. Rosenshein, 420 Mass. 319 (Mass. 1995). “The plaintiffs brought this action pursuant to G. L. c. 240, § 10A (1992 ed.), seeking to invalidate a deed restriction which purports to prohibit the development of a parcel of land located at 260 Andover Street in Peabody (property), in conjunction with a parcel of land which…”

Walker v. Gross, 290 N.E.2d 543 (Mass. 1972). “The plaintiffs seek a determination, under G. L. c. 240, § 10A, that a deed restriction providing that no part of their premises in Waltham shall be “used for any business purpose” does not prevent the use of their premises for an apartment house.”

Harrod v. Rigelhaupt, 298 N.E.2d 872 (Mass. App. Ct. 1973). “3 The bill was not brought under the provisions of G. L. c. 240, §§ 10A through 10C, inserted by St.”

Callagy v. Town of Aquinnah, 880 F. Supp. 2d 244 (D. Mass. 2012). “Mass. Gen. L. ch. 240, § 10A. In Nickols v.”

Vaillancourt v. Gray Wolf Realty, LLC, 29 Mass. L. Rptr. 496 (Mass. Super. Ct. 2012). · cites it 3× “Count One sought a declaration pursuant to G.L.c. 240, §§10A and 10C that the Condition is “void and / or unenforceable.”

Kniskern v. Mayer, 22 Mass. L. Rptr. 495 (Mass. Super. Ct. 2007). “231A, §§1-2 or G.L.c. 240, §10A from a restriction contained in an agreement between the parties.”

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