Bill H.4357

FILED ON: 2/5/2024

HOUSE . . . . . . . . . . . . . . . No. 4357

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to modernize the administration of registered land under chapter 185 of the General Laws.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 183A of the General Laws is hereby amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. The owners of any land may submit the land under this chapter by the recording in the registry of deeds of a master deed or, if the title to the land is registered under chapter 185, by filing the master deed under said chapter 185.

SECTION 2. Chapter 185 of the General Laws is hereby amended by striking out section 52 and inserting in place thereof the following section:-

Section 52. A judgment of registration and the entry of a certificate of title shall be regarded as an agreement running with the land and binding upon the plaintiff and the plaintiff's successors in title that the land shall be and forever remain registered land and subject to this chapter unless withdrawn under this section and except as provided in section 26.

If all of a parcel of land, the title to which is registered under this chapter, is acquired by the commonwealth, any agency, department, board, commission or authority of the commonwealth, any political subdivision of the commonwealth or any agency, department, board, commission or authority of any political subdivision of the commonwealth, the acquisition shall be a sufficient ground for withdrawal of the registered land from this chapter. The land so acquired shall be withdrawn upon the filing with the land court a complaint for voluntary withdrawal by the public entity and the endorsement by a justice of the land court of a “notice of withdrawal by public entity,” which shall be filed in the registry district where the land lies.

The owners of the fee simple estate in a parcel of land, the title to which has been registered under this chapter, may voluntarily withdraw the registered land from this chapter by filing with the land court a complaint for voluntary withdrawal naming themselves as all of the owners of the fee simple estate in the entire parcel of land, and identifying any mortgagees, lessees, or option holders of record having an interest in the registered land, together with a notice of voluntary withdrawal. The plaintiff(s) must file with their complaint documentation sufficient to establish conclusively their ownership of the fee simple estate in the entire parcel of land that is the subject of the complaint, including, but not limited to, a last-prepared certificate of title, deed(s), conveyance records or other documents or instruments that demonstrate their ownership interest. The plaintiff(s) also may file with the court written and signed assents from any interest holders entitled to notice who have agreed to the withdrawal. Upon the request of the plaintiff(s) or the court’s determination of reasonable need, the court may appoint an examiner of title, whose fees shall be paid by the plaintiff(s), to prepare a report sufficient to identify the current owners and all current mortgagees, lessees, or option holders with interests in the land who are entitled to notice. The court’s order of appointment shall be made within 30 days of receipt of the complaint or request for appointment, if later made, unless the court, for good cause, determines that appointment at a later time is indicated, and shall direct such report to be prepared and filed with the court no later than 14 days after the appointment is made, unless the court, for good cause, then or thereafter allows further time. All interest holders entitled to notice who have not assented shall be served by certified mail with a file-stamped copy of the complaint and notice of voluntary withdrawal. The court may order further notice to be given, including by additional means, if the court determines it necessary or desirable to accomplish effective service. The plaintiff(s) shall file with the court an affidavit certifying that such notice by certified mail or other means ordered by the court has been given, together with proof of service. Where the plaintiff(s) are represented by counsel, the affidavit shall be executed by counsel.

As used in this section, ''notice of voluntary withdrawal'' shall mean an instrument in writing signed and acknowledged by all owners of the land to be voluntarily withdrawn, and that contains the following information: (i) names and addresses of all owners; (ii) their certificate of title number with the registration book and page numbers; (iii) a description of the land in the form contained in the certificate of title or a description incorporating by reference the lot(s) numbers, if numbered, and the Land Court Plan, together with a reference to the certificate with which the plan is filed; and (iv) the street address of the land, if any. The notice of voluntary withdrawal shall include warning to all interest holders entitled to notice that any objection to the requested withdrawal must be filed with the court within 30 days following the service of the notice or will be waived.

If no objection has been filed by any interest holders entitled to notice within 30 days following service, a justice of the court shall approve and endorse the notice of voluntary withdrawal within 30 days following receipt of all required information and documentation unless the court, for good cause, determines that further time is indicated. Notwithstanding the filing of an objection within 30 days, the notice of voluntary withdrawal shall be endorsed by a justice of the land court unless the court determines that there is good cause for the objection. Upon endorsement by a justice of the land court, the notice of voluntary withdrawal shall be filed for registration and noted on the memorandum of encumbrances for the certificate of title and may be recorded with the registry of deeds for the district within which the land lies, whereupon the land shall be withdrawn from this chapter and shall become unregistered land. The owners shall hold title to the land free of all liens and encumbrances, including adverse possession and prescriptive rights, existing as of the date the judicially-endorsed notice of voluntary withdrawal is noted on the memorandum of encumbrances, as though a judgment of confirmation without registration had been recorded under section 56A; provided, however, that the owners shall not hold title free of the encumbrances set forth or referred to in section 46 and those noted on the certificate of title or filed for registration before the date the endorsed notice of voluntary withdrawal is noted on the memorandum of encumbrances.

The chief justice of the land court or their designee may promulgate or establish rules, practices, guidelines, forms or procedures, including an appropriate filing fee for the complaint and notice of voluntary withdrawal, as necessary to implement this section.

SECTION 3. Section 114 of said chapter 185 is hereby amended by striking out section 114 and inserting in place thereof the following section:-

Section 114. 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.

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) any 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; provided further, however, 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 his heirs or assigns, without his or their written consent.