Mass. Gen. Laws » Part III Title III Chapter 241
Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 18 (2026)

Conclusiveness of partition

✓ current as of July 2026
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Section 18. The partition by division, when confirmed and established by a final decree under section sixteen, or the sale if partition is made by sale, shall be conclusive upon all persons named in the petition or interested in the land therein described who appeared in the case or who waived notice or assented in writing to the same, or to whom due notice was given in accordance with section six or eight, or who were represented as provided in section nine, and upon all persons claiming through or under them or any of them, and, if the common title is derived through the settlement of the estate of a deceased person in any probate court within the commonwealth, upon all the heirs and devisees of such deceased person to whom the notice aforesaid was given or who were so represented, and upon all persons claiming through or under them.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1931–2023 · leading case: Cowden v. Cutting, 158 N.E.2d 324 (Mass. 1959).
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Cowden v. Cutting, 158 N.E.2d 324 (Mass. 1959). “Willis on March 26, 1904, had title to a one-third interest in land described in the commissioner’s deed. The operative instrument in a partition by sale was, in *170 1904, as it is now, the deed of the commissioner.”
Commonwealth v. O'Connell, 174 N.E. 665 (Mass. 1931). “G. L. c. 241, §§ 18, 20. He intentionally acted in violation of that order in the use made by him of the funds, thus depriving parties entitled to partition of their rights therein to their injury.”
Otis Power Co. v. Wolin, 164 N.E.2d 306 (Mass. 1960). “The correctness of the decision is confirmed by an examination of the deeds in the abstract of title.”
Furnas v. Cirone (Mass. 2023). · cites it 3× “G. L. c. 241, § 18. The former divides the subject property among the existing tenants and is binding on the entrance of "a final decree" by the court.”
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.