Mass. Gen. Laws » Part III Title III Chapter 240
Massachusetts General Laws

Mass. Gen. Laws ch. 240, § 3 (2026)

Proceedings upon appearance

✓ current as of July 2026
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Section 3. If the persons notified or summoned appear and disclaim all right and title adverse to the petitioner, they shall recover costs. If they claim title, they shall by answer show why they should not be required to bring an action to try such title, and the court shall enter an appropriate decree relative to bringing and prosecuting such action. If the party or parties against whom a judgment or decree for a conveyance, release or acquittance may be rendered by any court in the commonwealth do not comply therewith, within the time therein limited, such judgment or decree shall, subject to the following section, have the same effect as if the conveyance, release or acquittance had been executed conformably thereto.

Notes of Decisions
Cited in 3 cases, 2013–2015 · leading case: Lemelson v. U.S. Bank Nat'l Ass'n, 721 F.3d 18 (1st Cir. 2013).
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Lemelson v. U.S. Bank Nat'l Ass'n, 721 F.3d 18 (1st Cir. 2013). “, Mass. Gen. Laws ch. 240, § 3 (providing that respondents in a try title action may “appear and disclaim all right and title adverse to the petitioner,” or, “[i]f they claim title, .”
Abate v. Fremont Inv. & Loan, 26 N.E.3d 695 (Mass. 2015). “G. L. c. 240, § 3. 15 The relevant portion of G.”
Jepson v. Deutsche Bank Nat'l Trust Co., 969 F. Supp. 2d 202 (D. Mass. 2013). “Prompt Resolution of Contested Title Claims Promotes Market Efficiency A successful petition filed pursuant to the try title statute requires that a defendant adverse claimant “bring an action to try such [disputed] title,” Mass. Gen. Laws ch. 240, § 3 , often in the form of a…”
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