Mass. Gen. Laws » Part I Title VII Chapter 40
Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 3 (2026)

Towns; power to hold, lease and convey property

✓ current as of July 2026
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Section 3. A town may hold real estate for the public use of the inhabitants and may convey the same by a deed of its selectmen thereto duly authorized, or by a deed of a committee or agent thereto duly authorized; may by its selectmen let or lease for not more than 30 years, on such terms as the selectmen determine, a public building or part thereof, except schoolhouses in actual use as such; may by its selectmen let or lease for not more than twenty-five years, real estate to the Massachusetts Bay Transportation Authority for use by the authority as a parking lot for commuters; may hold personal estate for the public use of the inhabitants, and alienate and dispose of the same; may hold real and personal estate in trust for the support of schools, and for the promotion of education, within the limits of the town; may receive, hold and manage any devise, bequest or gift for the establishment or equipment of memorials for properly commemorating the services of the soldiers, sailors and marines who have served the country in war, and for the establishment or maintenance of any reading room for which it may grant money under the provisions of section five; and may make such orders as it may deem necessary or expedient for the disposal or use of its corporate property. All real estate or personal property of the town, not by law or by vote of the town placed in the charge of any particular board, officer or department, shall be under the control of the selectmen, except as is otherwise provided in this section or section nine.

Notwithstanding this section or section 53 of chapter 44, a city or town that rents or leases any public building or property, or space within a building or property, other than a building or property under the control of the school committee, may deposit any monies received from the rental or lease in a separate account in the city or town treasury. The monies may be expended by the board, committee or department head in control of the building or property without further appropriation for the upkeep of the facility so rented or leased. Any balance remaining in the account at the close of a fiscal year shall be paid into the general fund of such city or town; provided that in any city or town that accepts this proviso, any balance shall remain in the account and may be expended for the upkeep and maintenance of any facility under the control of the board, committee or department head in control of the building or property.

Notwithstanding the provisions of this section, a city or town, with the approval of the school committee, may rent or lease any school building not in actual use and, with the approval of the commissioner of education, surplus space in a school building in actual use to any one or more public or private profit-making businesses or nonprofit organizations; provided, however, that joint occupancy of a school building in actual use as such shall not interfere with educational programs being conducted in said building. The terms of any such rental or lease shall be as approved by the school committee; provided, however, that no school building not in actual use shall be rented or leased for an initial term longer than ten years, but with renewal options if approved by the school committee.

The monies received from such rental or lease shall be kept separate and apart from other city or town funds in the city or town treasury and may be expended by the school committee without further appropriation for the upkeep of the facility so rented or surplus space which is so rented; provided, however, that any balance remaining in such account at the close of a fiscal year shall be paid into the General Fund of such city or town; and, provided further, that in any city or town that accepts this proviso, any such balance shall remain in said account and may be expended for the upkeep and maintenance of any facility under the control of the school committee.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1924–2024 · leading case: Bd. of Selectmen v. Lindsay, 829 N.E.2d 1105 (Mass. 2005).
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Bd. of Selectmen v. Lindsay, 829 N.E.2d 1105 (Mass. 2005). · cites it 4× “As such, the town could “dispos[e] of such property under [G. L. c. 40, § 3], or in any other manner authorized by law.”
Harris v. Town of Wayland, 466 N.E.2d 822 (Mass. 1984). · cites it 7× “The defendants counter that the school committee did not have control of the property and therefore the sale is governed by G. L. c. 40, § 3, as amended by St. 1982, c.”
Bowers v. Bd. of Appeals of Marshfield, 448 N.E.2d 1293 (Mass. App. Ct. 1983). · cites it 2× “G. L. c. 40, § 3. See Ballantine v. Falmouth, 363 Mass.”
Faneuil Investors Grp., Ltd. P'ship v. Bd. of Selectmen of Dennis, 933 N.E.2d 918 (Mass. 2010). · cites it 3× “He also concluded that, under G. L. c. 40, § 3, the board did not exceed its authority in placing the reverter provision in the deed.”
Harris v. Town of Wayland, 453 N.E.2d 1062 (Mass. App. Ct. 1983). · cites it 4× “3 The defendants counter that the committee was not in charge of the property and therefore the sale is governed by G. L. c. 40, § 3. 4 *585 1. General Laws c.”
Faneuil Investors Grp., Ltd. P'ship v. Bd. of Selectmen, 913 N.E.2d 908 (Mass. App. Ct. 2009). · cites it 2× “10 In determining that the board acted within the bounds of its authority in drafting the deed, the judge below relied heavily on the first clause of G. L. c. 40, § 3, which provides, in relevant part: “A town may hold real estate for the public use of the inhabitants and may…”
Sancta Maria Hosp. v. City of Cambridge, 341 N.E.2d 674 (Mass. 1976). “It is true that the plan of government adopted by the city of Cambridge vests all the legislative powers of the city in the city council, G.”
Ballantine v. Town of Falmouth, 298 N.E.2d 695 (Mass. 1973). · cites it 2× “Under G. L. c. 40, § 3, “[a] town . . . may make such orders as it may deem necessary or expedient for the disposal or use of its corporate property.”
Zoning Bd. of Appeals v. Hous. Appeals Comm., 451 Mass. 35 (Mass. 2008). · cites it 2× “The committee properly acknowledged that any order directing the town to convey an easement requires authorization by a vote of the town meeting, G. L. c. 40, §§ 3, 15A. See Harris v. Wayland, 392 Mass.”
Cranberry Growers Serv., Inc. v. Town of Duxbury, 613 N.E.2d 105 (Mass. 1993). · cites it 2× “760, 766 (1973); G. L. c. 40, §§ 3, 4 (1990 ed.). That due authorization, absent any *356 other relevant statute, must come from the town’s legislative body.”
81 Spooner Road, LLC v. Zoning Bd. of Appeals, 936 N.E.2d 895 (Mass. App. Ct. 2010). “Addressing a prior appeal by LLC, 17 from a different Land Court decision, the Supreme Judicial Court declared the bylaw did not violate the Legislature’s directive in G. L. c. 40, § 3, second par., which commands: “[n]o zoning ordinance or bylaw shall regulate or restrict the…”
Woburn Golf & Ski Auth. v. Woburn Country Club, Inc., 312 N.E.2d 544 (Mass. 1974). · cites it 3× “Section 77B 5 states that the mayor of any city or the selectmen of any town which holds property acquired by *418 tax foreclosure may appoint a custodian to manage the property; that the custodian may sell the property at public auction (with certain required formalities), but…”
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