Massachusetts General Laws

Mass. Gen. Laws ch. 254, § 5 (2026)

Enforcement of lien; procedure

✓ current as of July 2026

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Section 5. A lien upon land for the erection, alteration, repair or removal of a building or other structure or other improvement of real property or for professional services relating thereto or a lien established under section seventy-six of chapter sixty-three, or section 6 of chapter 183A shall be enforced by a civil action brought in the superior court for the county where such land lies or in the district court in the judicial district where such land lies. The plaintiff shall bring his action in his own behalf and in behalf of all other persons in interest who shall become parties. An attested copy of the complaint, which shall contain a brief description of the property sufficient to identify it, and a statement of the amount due, shall be filed in the registry of deeds and recorded as provided in section nine within thirty days of the commencement of the action, or such lien shall be dissolved. All other parties in interest may appear and have their rights determined in such action, and at any time before entry of final judgment, upon the suggestion of any party in interest that any other person is or may be interested in the action, or of its own motion, the court may summon such person to appear in such cause on or before a day certain or be forever barred from any rights thereunder. The court may in its discretion provide for notice to absent parties in interest. The terms ''party in interest'' and ''person in interest'', as used in this chapter, shall include mortgages and attaching creditors.

Notes of Decisions

Cited in 47 cases (2 in the last 5 years), 1978–2025 · leading case: City Elec. Supply Co. v. Arch Ins. Co., 119 N.E.3d 735 (Mass. 2019).

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City Elec. Supply Co. v. Arch Ins. Co., 119 N.E.3d 735 (Mass. 2019). · cites it 13× “Specifically, Arch alleged that CES had not recorded in the registry of deeds an attested copy of its complaint to enforce the target lien bond within thirty days of filing the complaint, as would have been required in a lien enforcement action under G. L. c. 254, § 5. CES…”

Golden v. Gen. Builders Supply LLC, 807 N.E.2d 822 (Mass. 2004). · cites it 8× “See G. L. c. 254, §§ 5, 11, 15A; G. L. c. 260, § 36.”

Nat'l Lumber Co. v. LeFrancois Constr. Corp., 723 N.E.2d 10 (Mass. 2000). · cites it 5× “On February 5, 1996, National Lumber commenced this action “in accordance with G. L. c. 254, § 5,” to enforce its hen. 4 It named LeFrancois, as corporation and as trustee, as the defendant.”

McDermott v. Marcus, Errico, Emmer & Brooks, P.C., 911 F. Supp. 2d 1 (D. Mass. 2012). · cites it 3× “See Mass. Gen. L. ch. 254, § 5. The complaint included the amount of unpaid common expenses which in turn included attorney’s fees.”

Drummer Boy Homes Ass'n, Inc. v. Britton, 47 N.E.3d 400 (Mass. 2016). · cites it 3× “183A, § 6 (c), and G. L. c. 254, §§ 5 and 5A, that would be superior to the first mortgage to the extent of the common expenses due during the six months immediately preceding the commencement of the action.”

NES Rentals v. Maine Drilling & Blasting, Inc., 992 N.E.2d 291 (Mass. 2013). · cites it 4× “See G. L. c. 254, § 5, as amended by St. 1996, c.”

Nat'l Lumber Co. v. Lombardi, 834 N.E.2d 267 (Mass. App. Ct. 2005). · cites it 5× “G. L. c. 254, § 5, as amended by St. 1996, c.”

Tremont Tower Condo., LLC v. George B.H. Macomber Co., 767 N.E.2d 20 (Mass. 2002). · cites it 2× “G. L. c. 254, §§ 5, 11. Again, the lien “shall be dissolved” if the contractor fails to meet either of those deadlines.”

Baker v. Monga, 590 N.E.2d 1162 (Mass. App. Ct. 1992). · cites it 2× “This is an action under G. L. c. 254, §§ 5 and 5A, to enforce a lien under G.”

Stern v. Munroe (In Re Stern), 44 B.R. 15 (Bankr. D. Mass. 1984). “254 Section 5 (1973) provides: A lien upon land for the erection, alteration, repair or removal of a building or other structure or a lien established under section seventy-six of chapter sixty-three, or under section six of chapter one hundred and eighty-three A shall be…”

Wodinsky v. Kettenbach, 22 N.E.3d 960 (Mass. App. Ct. 2015). “20 The lien was not recorded within the statutory thirty-day period, see G. L. c. 254, § 5, and this count was ordered dismissed on summary judgment.”

Chestnut-Adams Ltd. P'ship v. Bricklayers & Masons Trust Funds, 612 N.E.2d 236 (Mass. 1993). “The trustee or trustees shall also have the right to enforce said liens pursuant to this chapter.”

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