Massachusetts General Laws
Mass. Gen. Laws ch. 60, § 85 (2026)
Taxes paid by co-tenants; lien on co-tenants' interest
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 85. A tenant in common or joint tenant, who pays the entire tax assessed upon land held jointly or in common, shall have a lien upon the interest of each of his co-tenants, to secure the payment to him of the proportion of such tax payable by each of said co-tenants respectively, with the costs of enforcing the same; but any person whose tax has been so paid by his co-tenant shall have the same right to recover it back if illegally assessed as he would have had if the tax had been paid under a protest by him in writing.
Notes of Decisions
Cited in 1
case, 1923–1923 · leading case: Curran v. Magee, 138 N.E. 1 (Mass. 1923).
Curran v. Magee, 138 N.E. 1 (Mass. 1923). “G. L. c. 60, §§ 85, 86. The defendant also can bring a writ of entry, or petition for partition, and the plaintiff could recover compensation for the improvements subject to deduction for mesne profits, or any “benefit .”
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