Mass. Gen. Laws ch. 185 § 114

Current through Chapter 205 of the 2024 Legislative Session
Section 185:114 - [Effective 2/2/2025] Changes to certificate of title upon registration book; grounds for complaint
(a) No erasure, alteration or amendment shall be made upon the registration book after the entry of a certificate of title or of a memorandum thereon and the attestation of the same by the recorder or an assistant recorder without court order, except in an instance in which the assistant recorder, upon approval of the chief title examiner of the land court or their designee, determines that a clerical error or omission has been made in the entry of the certificate of title or memorandum thereon.
(b) A registered owner or other person in interest may apply by complaint to the court upon the grounds that:
(i) registered interests of any description, whether vested, contingent, expectant or inchoate, have terminated and ceased;
(ii) new interests not appearing upon the certificate have arisen or been created;
(iii) an error or omission was made in entering a certificate or any memorandum thereon;
(iv) the name of any person on the certificate has been changed;
(v) the registered owner has married, or if registered as married, that the marriage has been terminated;
(vi) a corporation which owned registered land and has been dissolved has not conveyed the same within 3 years after its dissolution; or
(vii) upon any other reasonable ground, and the court may hear and determine the complaint after notice to all parties in interest, and may order the entry of a new certificate, the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms, requiring security if necessary, as it may consider proper; provided, however, that this section shall not authorize the court to open the original judgment of registration; and provided further, that nothing shall be done by the assistant recorder or ordered by the court that shall impair the title or other interest of a purchaser holding a certificate for value and in good faith, or their heirs or assigns, without their written consent.

Mass. Gen. Laws ch. 185, § 185:114

Amended by Acts 2024, c. 150,§ 49, eff. 2/2/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.