§ 92 — Filing and registration of judgment in partition proceedings or proceedings for assignment of spouse's statutory share

Massachusetts § 92

• Jurisdiction: Massachusetts
• Part II: REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
• Title I: TITLE TO REAL PROPERTY
• Ch. 185: THE LAND COURT AND REGISTRATION OF TITLE TO LAND

Text

Section 92. In proceedings for partition of registered land, or for the assignment in fee of registered land claimed by husband or wife by statutory right, after the entry of the final judgment and the acceptance of the report of the commissioners, a copy of the judgment and of the return of the commissioners, certified by the register, shall be filed and registered; and thereupon, if the land is set off to the owners in severalty, any owner shall be entitled to have a certificate entered of the share set off to him in severalty. If the land lies in two or more registry districts, only so much of the judgment or return need be filed and registered in any district as relates to the land in that district. If the land is ordered by the court to be sold, the purchaser or his assigns shall have a certificate of title entered to him or them upon presenting the deed of the commissioners for registration; but any new certificate entered in pursuance of partition proceedings, whether by set-off or sale, shall contain a reference to the final judgment of partition, and shall be conclusive as to the title to the same extent and against the same persons as such judgment is made conclusive by the laws applicable thereto. A person holding such certificate or a transfer thereof may move that the court at any time cancel the memorandum relative to such judgment, and the court, after notice and a hearing, may grant the motion. Such certificate shall thereafter be conclusive in the same manner and to the same extent as other certificates of title.