Section 52: Perpetuation of registration; withdrawal; notice of voluntary withdrawal
[ Text of section effective until February 2, 2025. For text effective February 2, 2025, see below.]
Section 52. The obtaining of 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successors in title that the land shall be and forever remain registered land and subject to this chapter unless withdrawn under this section or section 16 of chapter 183A and except as provided in section 26.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 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 The land shall be withdrawn upon the filing of a complaint with the court by the public entity that has acquired the registered land and the approval of the complaint by the court.
All of the owners of the fee simple estate in all of 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 a notice of voluntary withdrawal endorsed by a justice of the land court as provided in this section in the registry district of the land court where the land lies. The notice of voluntary withdrawal shall be noted on the memorandum of encumbrances for the certificate of title. Upon the filing of the notice, the land shall be withdrawn from this chapter and shall become unregistered land. The owners shall hold title to the land at the time of the filing free of all liens and encumbrances existing as of the time of filing of the notice, including adverse possession and prescriptive rights, as though a judgment of confirmation without registration effective as of the time of filing of the notice 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 filing of the notice of voluntary withdrawal.
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 contains the following information: names and addresses of all owners; the certificate of title number with the registration book and page numbers; the description of the land in the form contained in the certificate of title; and the street address of the land, if any; provided, however, that the notice bears the endorsement of a justice of the land court approving the voluntary withdrawal as provided in this section. Upon filing with the land court of a complaint to withdraw land, the plaintiff shall deposit with the recorder a sum sufficient to cover costs of the proceeding. The court shall appoint 1 of the examiners of title, who shall report to the court the identity of the current record owners and all mortgagees and lessees with interests of record in the land. Unless, after notice is given to the mortgagees and lessees of record, an outstanding objection has been filed by a mortgagee or lessee of record, a justice of the land court shall approve the application and shall endorse the plaintiff's notice of voluntary withdrawal if: (i) the registered land constitutes less than all of the total area of a single parcel or of 2 or more contiguous parcels in common ownership; (ii) the registered land consists of less than 10 per cent of the portion of the land area to which an original certificate of title pertains and the rest of the land area to which that certificate pertains was conveyed under this chapter since the original registration; (iii) the owners of the registered land have submitted the land or satisfy the court that the owners shall submit the land to chapter 183A or 183B or shall create interests in the land to which said chapter 183B is applicable under section 3 of chapter 760 of the acts of 1987 or satisfy the court that the owners shall create those interests; (iv) the owners of the registered land establish that the registered land is improved with an occupied building not used or occupied as or in connection with, and not designed or intended for use or occupancy as or in connection with, a 1-to-4 family residential dwelling; or (v) the court finds that the owners of the registered land have demonstrated other good cause for withdrawal under this section including, but not limited to, economic hardship by reason of the land being registered which may include the burdens and expenses of further dividing the registered land into lots for separate conveyance. Notwithstanding any outstanding objection, the application may be approved unless the court determines there is good cause for the objection.
The justices of the land court shall establish rules and practices, including an appropriate filing fee for the application, as necessary to implement this section.
Chapter 185: Section 52. Notice of voluntary withdrawal; judgment of registration and the entry of a certificate of title; acquisition of land; objections; role of chief justice of the land court
[ Text of section as amended by 2024, 150, Sec. 48 effective February 2, 2025. See 2024, 150, Sec. 143. For text effective until February 2, 2025, see above.]
Section 52. (a) 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) the 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 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 shall be filed with the court not later than 30 days following the service of the notice or shall be waived.
(b) 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.
(c) 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 of 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 the public entity, which shall be filed in the registry district where the land is located.
(d) 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 shall file with the 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, deeds, conveyance records or other documents or instruments that demonstrate their ownership interest. The plaintiff 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 or the court's determination of reasonable need, the court may appoint an examiner of title, whose fees shall be paid by the plaintiff, 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 not later than 30 days after 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 not 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 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 is represented by counsel, the affidavit shall be executed by counsel.
(e) If no objection has been filed by any interest holder entitled to notice not later than 30 days following service, a justice of the court shall approve and endorse the notice of voluntary withdrawal not later than 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 not later than 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.
(f) The chief justice of the land court or a 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.