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LAND COURT LITIGATION
The Land Court is the specialized division of the Massachusetts Trial Court System charged with the task of deciding cases involving real property. The Land Court has exclusive or concurrent jurisdiction over a wide variety of land use matters including zoning, subdivision, condominium law, adverse possession, property registration, eminent domain, real estate tax liens, and quiet title matters (discharges).
The Land Court is located on New Chardon Street in Downtown Boston and hears all specialized real estate cases within the Commonwealth.
Land Court Address:
Edward W. Brooke Courthouse,
24 New Chardon Street,
Boston, MA 02114-9662.
(617) 788-7470.
Massachusetts Land Registration System
In Massachusetts, disputes over title are resolved by filing a petition with the Massachusetts Land Court. The Land Court Justices are also responsible for answering questions of first impression pertaining to real estate within the Commonwealth. A property owner may resolve disputes by registering his land with the Court, which then examines title to the property. After this search is completed, the Court issues a new certificate of title, which includes reference to all encumbrances on the property. The Land Court has exclusive jurisdiction over this registration system. Heney & Associates is uniquely qualified to assess your claim and file this petition on your behalf.
Missing Discharges
In Massachusetts, many commercial and residential real estate transactions are delayed or cancelled due to undischarged mortgages. If the mortgage has been paid off, it may be discharged by locating the mortgagee, executing a proper discharge, and recording it with the appropriate Registry of Deeds. If the Mortgagee cannot be located to sign the discharge, the landowner must resort to filing a petition in the Land Court to quiet title. If the mortgages in question are twenty years old or greater, the land owner may file a complaint under M.G.L. Chapter 240, § 15 (the "Old Mortgage Statute") to have them discharged by judicial decree from the Justices of the Land Court. Heney & Associates is competent to file such a petition or complaint on your behalf.
For more information about Land Court Litigation, please contact landcourt@heneylaw.com and an associate from our office will contact you to answer any questions you may have.