Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 22 (2026)

Costs

✓ current as of July 2026

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Section 22. The reasonable expenses and charges of partition proceedings, including examination of title and preparation of plan ordered by the court under section seventeen, and the fees of counsel, of the commissioners, and of all agents, guardians and other persons appointed to represent interests in accordance with section nine, shall be determined by the court, and in case of sale paid by the commissioners out of the proceeds; and in case of partition by division shall be paid by the petitioner, who shall be entitled to contribution from the parties to whom shares of the land are set off who take a vested, and not contingent, interest. Such contribution shall be in proportion to the interests of the parties unless the court finds a different proportion more equitable. Costs may also be awarded under section forty-five of chapter two hundred and fifteen. Execution may issue for said contribution and costs.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1923–2023 · leading case: Howe v. Tarvezian, 894 N.E.2d 1173 (Mass. App. Ct. 2008).

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Howe v. Tarvezian, 894 N.E.2d 1173 (Mass. App. Ct. 2008). · cites it 3× “He challenges (1) the award to each commissioner as excessive; and (2) the award to his attorney, Albert Auburn, as inadequate.”

Gonzalez v. Pierce-Williams, 865 N.E.2d 799 (Mass. App. Ct. 2007). · cites it 3× “The award of costs and attorney’s fees in an action for partition is governed by G. L. c. 241, § 22. 2 “Section 22 furnishes an exception to the general American rule that each party to *789 litigation is responsible for its own expenses.”

Aiello v. Aiello, 829 N.E.2d 656 (Mass. App. Ct. 2005). · cites it 2× “Following the entry of judgment, and the exchange of Gerald’s interest for the required payment, Gerald moved for contribution toward his attorney’s fees and expenses, as provided in G. L. c. 241, § 22. That statute provides, in pertinent part, that “in case of partition by…”

Canepari v. Pascale, 944 N.E.2d 172 (Mass. App. Ct. 2011). · cites it 2× “Pascale’s motion for attorney’s fees pursuant to G. L. c. 241, § 22, is denied. The case was not decided under G.”

O'Riorden, 244 Mass. 472 (Mass. 1923). “G. L. c. 241, § 22. ' It was said in Barrell v.”

Lodigiani v. Paré (Mass. App. Ct. 2023). · cites it 3× “827 (1974), and separately moved for attorney's fees and costs under G. L. c. 241, § 22. The judge summarily denied both motions.”

Gifford v. Burke (Mass. App. Ct. 2018). “" G. L. c. 241, § 22. In Howe v. Tarvezian, 73 Mass.”

Gifford v. Burke, 94 N.E.3d 407 (Mass. App. Ct. 2017). “What legitimate interest the commissioner had with regard to that issue is not immediately apparent. Under a different statutory provision, judges of the Land Court and Probate and Family Court may award "reasonable costs and charges of partition proceedings," which include "the…”

Leombruno v. Lowre, 111 N.E.3d 304 (Mass. App. Ct. 2018). “See G. L. c. 241, § 22. For example, in this case, a commissioner might have engaged the services of his own appraisers at a considerable expense in addition to his own expenses.”

Carlson v. Mayer, 30 Mass. L. Rptr. 3 (Mass. Super. Ct. 2012). “10 (2008); G.L.c. 241, §22. Notably, the Seventh Circuit’s analysis in Ashbrook is distinguishable in one significant respect.”

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