Massachusetts Land Court
The Massachusetts Land Court is one of the departments of the Trial Court 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.
Jurisdiction
The court's geographic
Exclusive jurisdiction
The Land Court has exclusive 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 liens.[1]
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
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.[3]
Permit Session
Beginning in August 2006, the Massachusetts Legislature 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.[1]
Responsibilities of the court
Apart from adjudicating
The court employs a staff of engineers and surveyors to help accomplish the task of determining land title and boundaries.[4] The Land Court also has superintendency authority over the registered land office in each registry of deeds.[1]
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 record on a par with the Superior Court. Until the creation of the Massachusetts Appeals Court in 1972, it was the only court of statewide jurisdiction other than the Supreme Judicial Court.[4] The original text of Land Court cases is provided by Westlaw, Mass Cases and LexisNexis. A law reporter with Land Court cases, commentary, and subject matter indices is provided by Landlaw Inc.
See also
- List of Deed registries in Massachusetts
References
External links
- Official homepage of the Land Court Department
- Statutes governing the Land Court—Chapter 185 of the Massachusetts General Laws
- Massachusetts Land Court Reporter