Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 23 (2026)

Improvements; compensation

✓ current as of July 2026

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Section 23. If the court in which partition proceedings are pending finds that one of the co-tenants has erected any buildings or made other permanent improvements on the common land, it may, if justice and equity so require, award such compensation as it deems proper for the value of such buildings or other improvements, not exceeding, however, the actual amount by which the market value of the common land has been increased thereby; and in awarding such compensation the court may deduct any benefit which the party claiming compensation has received from the common land. The court may make orders and decrees for the enforcement or protection of any such claim, and in case of partition by division may order the improved part set off to the party who made the improvement, and the land divided as if the improvement had not been made.

Notes of Decisions

Cited in 5 cases, 1979–2007 · leading case: Sanborn v. Johns, 477 N.E.2d 196 (Mass. App. Ct. 1985).

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Sanborn v. Johns, 477 N.E.2d 196 (Mass. App. Ct. 1985). · cites it 4× “He also found that the “ongoing contribution of the husband to the over-all expenses and maintenance of the house and its improvement since the date of purchase [in 1967] would create no credit due the wife.”

Stylianopoulos v. Stylianopoulos, 455 N.E.2d 477 (Mass. App. Ct. 1983). · cites it 3× “Accordingly, Chiminiello , on the facts of that case, suggested that the divorced former wife might claim relief under G. L. c. 241, §§23 and 25, “to the extent that her expenditures with respect to the property for taxes, maintenance, and improvements have exceeded .”

Asker v. Asker, 396 N.E.2d 704 (Mass. App. Ct. 1979). · cites it 2× “200, 203-204 [1901]); and that any equitable claim which the defendant might press for improvements or otherwise (see G. L. c. 241, §§ 23, 25) had previously been determined adversely to her in the divorce proceedings which apparently culminated in a judgment unfavorable to her…”

Gonzalez v. Pierce-Williams, 865 N.E.2d 799 (Mass. App. Ct. 2007). “See G. L. c. 241, §§ 23, 25, 26. 2. In addition to ruling that Marilyn Gonzalez would receive one hundred percent of the proceeds from the partition sale of the property, the judge ordered Pierce-Williams to pay all legal fees incurred by Marilyn Gonzalez in .”

Chiminiello v. Chiminiello, 397 N.E.2d 1141 (Mass. App. Ct. 1979). “In connection with those proceedings Mary may make claim for relief in accordance with G. L. c. 241, §§ 23 and 25, to the extent that her expenditures with respect to the property for taxes, maintenance, and improvements have exceeded its fair rental value from 1945 to 1959, and…”

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