Massachusetts Land Court
Encyclopedia
The Massachusetts Land Court is one of the departments of the trial courts of the Commonwealth
of Massachusetts
. The court is unique among the courts of Massachusetts and among state courts in general because its subject-matter jurisdiction
is limited to disputes involving real property
.
covers all of Massachusetts. The court usually sits in Boston, but may hold trials at other locations when necessary.
and original jurisdiction
over the registration of title to real property (discussed infra), over all matters and disputes concerning such title after registration, and over the foreclosure
and redemption of real estate tax lien
s.
in many instances, because the Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. The court has concurrent jurisdiction
with the Superior Court over specific performance
of real estate contracts, over petitions for partitions
of real estate, and over the processing of mortgage foreclosure cases.
The Land Court shares jurisdiction with the Superior Court and the Housing Court over matters arising out of decisions by local planning boards and zoning boards of appeal.
established a separate session of the Land Court, known as the "permit session". This session has original jurisdiction over certain civil actions involving land use and environmental permitting. This jurisdiction is also concurrent with the Superior Court.
, registration
of title
to real property is one of the Land Court's most important responsibilities. Registration of title under Massachusetts state law occurs when the Land Court, after having the title exhaustively searched by a Court-appointed examiner, and after due process is afforded to all interested parties, reviews and then adjudicates and decrees the state of the title. Once this process is complete, the current state of the title, as it is sequentially updated by registration of future transactions, is embodied in a certificate of title which both evidences and guarantees title, subject only to the exceptions provided by statute and matters of federal law. The initial decree of registration and the subsequent certificate of title are actions in rem
. Registration is useful when title is insufficient to support a conclusion of ownership under the traditional recording
system, or is clearly defective, and the putative owner desires to make the title good and marketable
.
The court employs a staff of engineers and surveyors to help accomplish the task of determining land title and boundaries. The Land Court also has superintendency authority over the registered land office in each registry of deeds.
on a par with the Superior Court. Until the creation of the Massachusetts Appeals Court
in 1972, it was the only court of state-wide jurisdiction other than the Supreme Judicial Court
.
Commonwealth (United States)
Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania and Virginia....
of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
. The court is unique among the courts of Massachusetts and among state courts in general because its subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
is limited to disputes involving real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
.
Jurisdiction
The court's geographic jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
covers all of Massachusetts. The court usually sits in Boston, but may hold trials at other locations when necessary.
Exclusive jurisdiction
The Land Court has exclusiveExclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
and original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over the registration of title to real property (discussed infra), over all matters and disputes concerning such title after registration, and over the foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...
and redemption of real estate tax lien
Tax lien
A tax lien is a lien imposed by law upon a property to secure the payment of taxes. A tax lien may be imposed for delinquent taxes owed on real property or personal property, or as a result of failure to pay income taxes or other taxes....
s.
Concurrent jurisdiction
The Land Court shares jurisdiction over other property matters with other court departments. The court's jurisdiction overlaps significantly with that of the Massachusetts Superior CourtMassachusetts Superior Court
The Massachusetts Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions involving labor disputes where injunctive relief is sought, and has exclusive authority to convene medical...
in many instances, because the Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. The court has concurrent jurisdiction
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
with the Superior Court over specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
of real estate contracts, over petitions for partitions
Partition (law)
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in...
of real estate, and over the processing of mortgage foreclosure cases.
The Land Court shares jurisdiction with the Superior Court and the Housing Court over matters arising out of decisions by local planning boards and zoning boards of appeal.
Permit Session
Beginning in August 2006, the Massachusetts LegislatureMassachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
established a separate session of the Land Court, known as the "permit session". This session has original jurisdiction over certain civil actions involving land use and environmental permitting. This jurisdiction is also concurrent with the Superior Court.
Responsibilities of the court
Apart from adjudicating casesLegal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
, registration
Land registration
Land registration generally describes systems by which matters concerning ownership, possession or other rights in land can be recorded to provide evidence of title, facilitate transactions and to prevent unlawful disposal...
of title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
to real property is one of the Land Court's most important responsibilities. Registration of title under Massachusetts state law occurs when the Land Court, after having the title exhaustively searched by a Court-appointed examiner, and after due process is afforded to all interested parties, reviews and then adjudicates and decrees the state of the title. Once this process is complete, the current state of the title, as it is sequentially updated by registration of future transactions, is embodied in a certificate of title which both evidences and guarantees title, subject only to the exceptions provided by statute and matters of federal law. The initial decree of registration and the subsequent certificate of title are actions in rem
In rem
In rem is Latin for "against a thing." In a lawsuit, an action in rem is directed towards a piece of property rather than against a person . The action disputes or seeks to transfer title to property. When title to real estate In rem is Latin for "against a thing." In a lawsuit, an action in rem...
. Registration is useful when title is insufficient to support a conclusion of ownership under the traditional recording
Recording (real estate)
The vast majority of states in the United States employ a system of recording legal instruments that affect the title of real estate as the exclusive means for publicly documenting land titles and interests. This system differs significantly from land registration systems, such as the Torrens...
system, or is clearly defective, and the putative owner desires to make the title good and marketable
Marketable title
Marketable title is a title that a court of equity considers to be so free from defect that it will legally force its acceptance by a buyer. Marketable title does not assume that absolute absence of defect, but rather a title that a prudent, educated buyer in the reasonable course of business...
.
The court employs a staff of engineers and surveyors to help accomplish the task of determining land title and boundaries. The Land Court also has superintendency authority over the registered land office in each registry of deeds.
History
The Land Court was originally created by the Massachusetts Legislature in 1898 as the "Court of Registration". The court's name was changed to the "Court of Land Registration" in 1900, before it was finally given its current name in 1904. Over the first few years of its existence, the Court was brought into its current status as a court of recordCourt of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
on a par with the Superior Court. Until the creation of the Massachusetts Appeals Court
Massachusetts Appeals Court
The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. It was created in 1972 as a court of general appellate jurisdiction...
in 1972, it was the only court of state-wide jurisdiction other than the Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
.
External links
- Official homepage of the Land Court Department
- Statutes governing the Land Court--Chapter 185 of the Massachusetts General Laws